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Safety and HR Lessons from Movies – First Man.

Since I watched The American Factory and Untouchable (first Weinstein #METOO documentary) at the Sundance Film Festival, I’ve been sensitive to the workplace lessons presented by well made films. Last night I watched the...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

Appeals Court Upholds Decision Limiting the Right of OSHA to Expand Inspections.

Oct. 9, 2018 We've waited for over a year to learn if the 11th Circuit Court of Appeals would uphold an earlier court decision saying that OSHA could not expand an injury-based inspection by arguing that injury records and an...more

Howard’s End of the Week Roundup - January 21

I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought...more

End of the Year Whirlwind for Labor and OSHA Matters! Part I of III

The long awaited nominee for Assistant Secretary of Labor for OSHA, Scott Mugno, finally received his Senate Labor Committee hearing on December 5, and passed through without controversy on a party line vote. Unfortunately,...more

Ben Ross Retires Despite Everyone’s Not-so-Secret Desire for Him to Stay with OSHA Region IV.

People who do not regularly deal with the local, state and federal government may not realize that there is a huge difference between a “Bureaucrat” and a “Civil Servant.” OSHA has more civil servants than bureaucrats and we...more

Web Exclusive: The ABC’s Of AEDs

Every time a natural disaster hits, we learn of at least one person who tragically died of a heart attack when placed in a stressful or unusual situation. Sadly, we hear little about the hundreds of thousands of other deaths...more

Guidance on Protecting Employees During Hurricane Harvey and Especially In Cleanup.

Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

OSHA Announces Delay To Electronic Recordkeeping Rule - Scheduled Implementation Date Of July 1 Is Now Off The Table

Employers will be relieved, at least temporarily, of the requirement to file injury information through an electronic recordkeeping system that was scheduled to take effect this July 1. The Occupational Safety and Health...more

Is OSHA Backpedaling On the New Electronic Reporting of Workplace Injury and Illness Data?

We’re all scrambling for any hint of impending OSHA changes, but are limited largely to speculation because we do not yet have a new Secretary of Labor or an Assistant Secretary of Labor for OSHA. Career OSHA management at...more

Court Allows OSHA’s Reporting Rule To Proceed As Scheduled Although Rule Can Still Be Challenged, December 1 Effective Date Is On...

On November 28, a Texas federal court judge issued a ruling that cleared the way for the whistleblower provisions of the new Occupational Safety and Health Administration (OSHA) Recordkeeping Rule to take effect as scheduled....more

OSHA’s Post-Accident Drug Testing Rule Delayed Until Dec. 1 - What Employers Need To Know To Comply

Employers continue to question whether they must change their post-accident drug testing procedures because of the anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule announced in May, and if so, whether...more

Should We Eliminate Automatic Post-Accident Drug Testing Because of OSHA’s New Rule?

We continue to receive calls from employers who have heard that they must change their post-accident drug testing procedures because of anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule. OSHA set an...more

Will Post-Accident Drug Testing Still Be Allowed Under New OSHA Rules?

When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of...more

OSHA Rolls Out a New Severe Violators Enforcement Program, but for Whistleblower and Not Safety Violations.

Even when I disagree with an OSHA safety initiative, I’ll concede that some good comes out of it, even if it is only to remind employers of the cost of neglecting safety. However, a Whistleblower Severe Violators Enforcement...more

My Thoughts on OSHA’s New Electronic Recordkeeping Rule

The Good - 1. From an employer’s perspective it could have been worse. OSHA apparently recognized the logistical challenges of defining “the Enterprise” to include every affiliate or related company, but OSHA will...more

Is OSHA Going to Put You in Jail?

The answer to my admittedly provocative question is “probably not,” but recent developments demand that employers consider criminal exposure under labor laws, Including the OSHAct. My partner and fellow OSHA nerd, Ed...more

New OSHA Reporting Requirements Now In Effect

As 2015 begins, the Occupational Safety and Health Administration (OSHA) is sharpening its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because of the...more

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