News & Analysis as of

Workplace Safety Occupational Safety and Health Administration

Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission....more

OSHA Launches Campaign on Young Worker Safety

by Jackson Lewis P.C. on

OSHA outlined employer responsibilities for keeping young workers safe, noting, “Young workers are those new to the workforce, even up to age 24. Young workers can be an asset to your workforce. However, it may be their first...more

California OSHA Delays Enforcement of Construction Silica Standard

by Jackson Lewis P.C. on

On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction. The standard is substantially...more

2017 California Labor and Employment Legislative Update: What to Watch

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Back from Spring Break, and Back to Work: Our List of L&E Bills to Watch in the remainder of the 2017-2018 California Legislative Session. ...more

Construction Safety: Lessons From 2016 and Remedies in 2017

While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did,...more

OSHA Updates its Enforcement Procedures Directive for Exposure to Workplace Violence

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause...more

Silica Rule in Construction Delayed 90 Days

by Cozen O'Connor on

On April 6, OSHA announced it has delayed implementation of its new rule for 90 days which, among other things, cuts in half the maximum allowable level of silica dust exposure in the construction industry. The new compliance...more

OSHA Issues First Enforcement Action Press Release Since Start of Trump Administration

by Jackson Lewis P.C. on

Until day 82 of the Trump Administration, renewed partnerships and “guidance” for employers to improve workplace safety have been the subjects of the Occupational Safety and Health Administration’s announcements. On April 12,...more

OSHA Violations Lead to Criminal Indictments and $1,475,000.00 Proposed Penalties

by SmithAmundsen LLC on

An OSHA investigation concluded on April 11, 2017 found that Atlantic Drain Service Company, Inc. failed to train its employees to recognize and avoid cave-in and collapse hazards, and failed to provide basic safeguards...more

The Incipient Storm of Stymied Standard Shortcuts for OSHA?

by Kelley Drye & Warren LLP on

In September 2016, the U.S. Circuit Court of Appeals for the District of Columbia decided that a 2015 OSHA interpretation letter regarding the scope of the Process Safety Management (“PSM”) exemption for the agricultural...more

OSHA Launches Campaign to Prevent Falls in Construction Industry

by Jackson Lewis P.C. on

Fatalities from falls continue to be a leading cause of death in the construction industry, and the Occupational Safety and Health Administration is focusing on the dangers with its “Stand-Down” campaign on fall prevention....more

Tragedies on and off the silver screen: How to avoid costly workplace injuries

by FordHarrison on

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror....more

What's Next for OSHA Under the Trump Administration

by Pepper Hamilton LLP on

Over the past several months, many articles have been written, including by this author, regarding the strengthening, expanding and adding of “teeth” to the regulations and the reach of the Occupational Safety and Health...more

SmithAmundsen OSHA Legal Update: OSHA Postpones New Construction Silica Standard

by SmithAmundsen LLC on

On April 6, 2017, the Department of Labor announced that enforcement of the recently-promulgated silica standard, reducing the permissible exposure limit for silica and requiring the implementation of other, silica-related...more

OSHA Delays Enforcement of Crystalline Silica Standard for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just announced a three month delay of enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. Crystalline silica is a staple of our modern society. OSHA notes...more

OSHA Update: OSHA Delays Enforcing Silica Standard in Construction

by Sherman & Howard L.L.C. on

On April 6th, OSHA announced a delay in the enforcement of its crystalline silica standard in the construction industry. Enforcement will be delayed until September 23, 2017, so that additional outreach, educational...more

OSHA Delays Silica Rule for Construction Industry

by Jackson Lewis P.C. on

Yesterday, OSHA issued a memorandum to all Regional Administrators informing them that “we have decided to delay enforcement of this standard [1926.1153] until September 23, 2017.” The agency noted that the additional time is...more

Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more

Gavel to Gavel: OSHA Rule Impacts Drug, Alcohol Testing

by GableGotwals on

An Occupational Safety and Health Administration (OSHA) rule in effect as of December, should prompt employers to re-evaluate their post-accident drug and alcohol testing policies and practices. Originally published in...more

OSHA Promotes “Safe and Sound Campaign” to Assist Employers - A Change in Approach?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their...more

Cal/OSHA’s Workplace Violence Rules for Health Care Take Effect April 2017

by Conn Maciel Carey LLP on

Effective April 1, 2017, a new California Occupational Safety and Health Standards Board (“Standards Board”) regulation at Title 8, Section 3342 requires certain employers in the health care industry to develop and implement...more

Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

by Fisher Phillips on

If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite...more

OSHA’s Volks Rule Overturned by Congressional Review Act

by Jackson Lewis P.C. on

Yesterday, the Senate voted 50-48 to adopt H.J. Res 83, nullifying OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally...more

Top 10 OSHA Citations for 2016

by Nexsen Pruet, PLLC on

The federal Occupational Safety and Health Administration publishes a list annually of its top 10 most frequently cited alleged violations. The list changes little from year to year, but it is worthwhile for employers to...more

US: Guns at Work: The Implications of the Fifth Circuit’s Recent Decision in Swindol v. Aurora Flight Sciences Corporation

by Dentons on

The US Court of Appeals for the Fifth Circuit’s recent decision in Swindol v. Aurora Flight Sciences Corporation casts new doubt on the enforceability of employer policies prohibiting employees from carrying firearms onto...more

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