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Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door...more

5-Step Plan for Employers After President Biden Announces Workplace Vaccine Mandates

In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced Thursday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more...more

Nothin’ Gets Them Down: OSHA’s Maximum Penalties Jump (But Only a Little)

The Department of Labor has just published its increases to the maximum civil penalties that can be assessed against employers by the U.S. Occupational Safety and Health Administration (OSHA). The increases are based on...more

Recent CDC Guidance Could Bolster Argument For Cloth Face Coverings To Be Personal Protective Equipment

A recent update from the Centers for Disease Control and Prevention (CDC) could eventually lead federal workplace safety authorities to conclude that employers have significant additional obligations when it comes to their...more

Don’t Know What You Got (Till It’s Gone): Is OSHA Required to Give Managers and Supervisors Their Rights Before Interviewing Them?

When an inspector from the Occupational Safety and Health Administration (OSHA) shows up at your workplace, know this: everything—and we mean everything—that a manager or supervisor says at any point to the inspector will...more

The Cult of Personality? Decline in OSHA Inspectors under President Trump

Every presidential administration has its priorities, and President Trump’s is no different. President Trump has put his stamp on the Occupational Safety and Health Administration (OSHA) by stalling, delaying, or modifying...more

“Walk This Way”: What are Employers’ Walk-Around Rights During OSHA Inspections?

Under the Occupational Safety and Health Act of 1970 (OSH Act), employers have a right to be given the opportunity to accompany an OSHA compliance safety and health officer (CSHO) during an inspection of the workplace. In...more

Web Exclusive: If I Could Turn Back Time: Can You Find a Way To Correct Erroneous Accident Or Injury Reports To Avoid An OSHA...

An accident happens at your workplace, leading to an employee injury. During the hectic response, incorrect information funnels its way up to the safety director charged with notifying OSHA of reportable injuries and...more

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

If I Could Turn Back Time: Can Employers Find a Way to Correct an Erroneous Accident or Injury Report to OSHA and Avoid an...

An accident happens at your workplace, and an employee is injured. During the hectic response, incorrect information funnels its way up to the safety director or person charged with notifying OSHA of reportable injuries and...more

Don’t You (Forget About Me): Can Former Managers’ Statements Bind Companies in OSHA Investigations?

An accident happens and an employee is seriously injured and admitted to the hospital. Not only does the company need to conduct an investigation into what happened, but it must report the injury to OSHA as well. During its...more

Top 10 Most Frequently Cited OSHA Standards, 2018 Edition

While it is not comparable to David Letterman’s Top 10 lists, at a recent industry gathering, OSHA announced its annual top 10 violations for fiscal year 2018 (October 1, 2017, through September 30, 2018). For those who have...more

Appeals Court Clamps Down On OSHA Investigations

In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more

Bad Medicine? Acting OSHA Head Raises Peracetic Acid Use as Ongoing Concern in Poultry Industry

At a recent national safety conference for the industry, the acting head of the Occupational Safety and Health Administration (OSHA) remarked that the agency is focusing on the use of peracetic acid in the poultry industry....more

The Heat Is On: OSHA Petitioned to Require Breaks to Alleviate Heat Stressat Work

It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more

OSHA, Too? Will OSHA Citations Also Be Invalidated in the Wake of the Jones Brothers Case?

After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more

Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint

It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it...more

Don’t Be Late! Recent Decisions Remind Employers that OSHA Citations May Become Final if Not Timely Contested

Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late. Employers Have 15 Working Days to...more

Are Mandatory OSHA Settlement Conferences Still Mandatory?

Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more

State Plans Must Abide: Fed-OSHA Fixes Alleged “Error” and Mandates Electronic Reporting of Injuries and Illnesses in All State...

On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA’s new electronic recordkeeping...more

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

OSHA Issues Guidance on How to Cite Employers That Failed to Electronically Submit Injury and Illness Information

On February 21, the Occupational Safety and Health Administration (OSHA) issued new interim enforcement procedures, provided below, regarding failure to submit electronic injury and illness records. In 2016, OSHA adopted a...more

Can OSHA Look Back Farther than 5 Years for Repeat Citations? Recent Court Decision Reaffirms that there Is No Limitation on...

Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA...more

8 For ‘18: 8 Things for Employers to Look For from OSHA and MSHA in 2018

It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more

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