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Eleventh Circuit Limits Reach of OSHA’s ‘HazWoper’ Standard

On June 15, 2022, the United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health...more

Oregon Releases Final Rules on Heat Illness Prevention and Wildfire Smoke Exposure

On May 9 and 10, 2022, the Oregon Occupational Safety and Health Administration (Oregon OSHA) adopted final rules on heat illness and wildfire smoke. The Oregon OSHA Final Heat Illness Prevention Standard - Oregon...more

OSHA Launches Heat Enforcement Emphasis Program

Just in time for the hotter weather of spring and summer, the Occupational Safety and Health Administration (OSHA) launched a new national emphasis program on April 8, 2022, to help prevent heat-related illnesses. The...more

Recent Inflation Increase Pushes Up OSHA and Other Labor Law Penalties

The recent spike in inflation has now caused a 6.2 percent rise in penalties for violations of the Occupational Safety and Health Act of 1970 and other labor laws. On January 14, 2022, the Occupational Safety and Health...more

President Biden Issues Executive Order Promising Fast Movement by OSHA on COVID-19 - Can It Deliver?

On January 21, 2021, President Joseph R. Biden Jr. issued an executive order requiring the federal government to take “swift action” to protect U.S. workplaces from the COVID-19 pandemic. He ordered the U.S. Occupational...more

OSHA Clarifies Reporting Requirement for COVID-19-Related Hospitalizations and Fatalities With New FAQs

On September 30, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a new series of answers to its “COVID-19 Frequently Asked Questions” (FAQs) guidance relating to an...more

Now You See Them, Now You Don’t: OSHA Removes Recently Published FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19

The U.S. Occupational Safety and Health Administration (OSHA) has withdrawn from its website - without public explanation - a controversial interpretation of its requirement to report in-patient hospitalizations of employees...more

OSHA Publishes New FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19

On July 15, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a new interpretation of the hospitalization reporting requirement of 29 C.F.R. § 1904.39(b)(6), one that states...more

Judge Finds No Scientific Basis for NWS Heat Index Chart Used by OSHA in Heat Stress Cases

An administrative law judge of the independent Occupational Safety and Health Review Commission held this week that the Occupational Safety and Health Administration (OSHA) had failed to show that a document the agency used...more

OSHA Issues Updated COVID-19 Guidance for Construction Industry Employers

On May 27, 2020, the Occupational Safety and Health Administration (OSHA) updated its guidance for employers performing construction work of all types. The agency’s guidance is not a standard or regulation, so it is not...more

What Six-Foot Rule? OSHA Construction Fall Standard Forces the OSH Review Commission to State It Does Not Exist

The debate has raged for years. Is there a six-foot rule triggering fall protection requirements when an employee is within six feet of an unprotected edge?...more

OSHA Issues COVID-19 Compliance Guidance for Construction Workforces

The U.S. Occupational Safety and Health Administration (OSHA) has issued a series of tips tailored to construction work to help reduce the risk of exposure to the coronavirus. In addition to encouraging workers to stay...more

OSHA Issues Interim Enforcement Guidance on the Meaning of “Work Related” for Recording Cases of COVID-19

On April 10, 2020, the federal Occupational Safety and Health Administration (OSHA) issued interim enforcement guidance for recording cases of the novel coronavirus (COVID-19) under the agency’s recordkeeping regulation at 29...more

OSHA Relaxes Enforcement to Permit Use of N95s Certified in Certain Countries

After relaxing enforcement on the use of expired N95 respirators and on their extended use and reuse, late on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an Enforcement Guidance for Use of...more

Coronavirus Watch: What Are Employers’ Legal Responsibilities for the Safety of an Employee’s Home Workplace?

An employer who requires or permits employees to work from their homes has limited responsibilities for the safety and health of the employee’s working conditions. The Occupational Safety and Health Administration (OSHA)...more

No Good Deed Goes Unpunished: D.C. Circuit Holds Employer That Failed to Implement Its Own Safety Program Violated the General...

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but...more

The Need for a Clear Path: The Supreme Court Declines to Reconsider Brand X in Baldwin v. United States

Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again....more

The CSB Adopts Final Accidental-Release Reporting Regulations

The U.S. Chemical Safety and Hazard Investigation Board (CSB) adopted regulations on February 21, 2020, under the Clean Air Act requiring the reporting of certain accidental releases. Their purpose is to enable the CSB to...more

Supreme Court Generally Disapproves of a Discovery-Rule Exception to Federal Statutes of Limitations

Not so long ago, federal courts began to hold that a federal statute of limitations did not run until the plaintiff knew or reasonably should have known of his or her claim. This is commonly called the “discovery rule.” The...more

Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock

Employers consider many factors when choosing whether to challenge investigatory subpoenas. They now have an additional consideration: whether a court might grant the Occupational Safety and Health Administration (OSHA) more...more

OSHRC Agrees with Ogletree Deakins’ Argument That Construction Eyewash Standard Is Invalid

On September 28, 2018, the independent Occupational Safety and Health Review Commission (OSHRC) agreed with Ogletree Deakins’ argument that that the Occupational Safety and Health Administration’s (OSHA) standard requiring...more

More Trouble for Chevron Deference

Chevron deference is increasingly coming under fire from the justices of the Supreme Court of the United States. That came through loud and clear in Pereira v. Sessions, issued on June 21, 2018....more

Supreme Court Holds SEC ALJs Must Be Appointed by Agency Heads

On June 21, 2018, the Supreme Court of the United States held in Lucia v. Securities and Exchange Commission that the former practice of the Securities and Exchange Commission (SEC) of having its staff employees appoint...more

The Supreme Court’s decision in Epic Systems: Holdings and Hints on Chevron Deference

The decision this week of the Supreme Court of the United States in Epic Systems Corporation v. Lewis will likely prove important on issues other than the arbitration of labor disputes. An extended passage in the opinion...more

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