A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...more
6/30/2025
/ Appeals ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Responsibilities ,
Enforcement Actions ,
False Reporting ,
Health and Safety ,
Inspections ,
OSHA ,
Recordkeeping Requirements ,
Supervisors ,
Workplace Safety
A recent standard interpretation letter dated April 29, 2025, addressed whether employers may use software-generated documents in place of the OSHA-required injury and illness recordkeeping forms, specifically Forms 300...more
As previously discussed on our blog, in September of 2024, New York passed a law requiring retail employers with 10 or more retail employees anywhere in New York to take certain safeguards to protect employees from workplace...more
6/6/2025
/ Employee Training ,
Employer Responsibilities ,
Filing Deadlines ,
New Legislation ,
New Regulations ,
New York ,
OSHA ,
Regulatory Requirements ,
Retail Workers ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence
Today, OSHA Chronicle (“OC”) sits down with safety and health consultant John Bednarik (“JB”).
OC: Hi John. To start, can you share your safety and health background with our readers?
JB: Of course. Prior to starting my...more
6/2/2025
/ Compliance ,
Employee Rights ,
Employee Training ,
Employer Responsibilities ,
Enforcement ,
Enforcement Actions ,
OSHA ,
Penalties ,
Risk Management ,
Safety Inspections ,
Settlement ,
Workplace Hazards ,
Workplace Safety
The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent...more
As the new Administration has emphasized that federal deregulation is a priority, it is expected that many states will step into the anticipated void left by federal labor agencies such as OSHA. Not surprisingly, New York is...more
Besides sending flowers or a card to your sweetheart on Valentine’s Day, we like to remind our employer clients that a good way to show some love to your employees is by taking steps to protect them from workplace violence....more
2/14/2025
/ Compliance ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Rights ,
Employee Training ,
Employees ,
Employment Policies ,
Mental Health ,
OSHA ,
Risk Management ,
Wage and Hour ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people...more
2/5/2025
/ Administrative Law Judge (ALJ) ,
Employee Training ,
Employer Responsibilities ,
Enforcement Actions ,
General Duty Clause ,
OSH Act ,
OSHA ,
Risk Management ,
Safety Training ,
Workplace Safety ,
Workplace Violence
After approximately a decade of discussing a properly fitting PPE Rule in the construction industry, OSHA’s Final Rule becomes effective January 13, 2025. The Final Rule explicitly requires that PPE is selected to ensure that...more
OSHA’s website recently added advice to employers, particularly in retail and warehousing, to help keep their employees safe this holiday season and linked a video on the Department of Labor’s YouTube page containing nine...more
For this Thanksgiving week episode, Michael Schmidt is joined by several Cozen O'Connor colleagues to discuss the likely impact of President Trump's second administration on such L&E issues as federal agency regulation and...more
Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care &...more
11/1/2024
/ Best Practices ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chief Legal Officers ,
Continuing Legal Education ,
Corporate Transparency Act ,
Deadlines ,
Delaware ,
Enforcement Actions ,
Events ,
Food and Drug Administration (FDA) ,
Foreign Nationals ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hiring & Firing ,
Life Sciences ,
New Jersey ,
Non-Compete Agreements ,
Pennsylvania ,
Private Equity ,
State Attorneys General ,
Workplace Violence
Following historical precedent, OSHA’s top ten cited violations for 2024 surprise no one. They all appeared on last year’s list, although their relative positions changed a bit. Fall protection (general requirements) remains...more
When CA’s Workplace Violence Prevention Law took effect on July 1, 2024, it joined a handful of other states including CT, IL, MD, MN, NJ, OR and WA with some type of similar law. On September 4, 2024, Governor Hochul signed...more
OSHA requires employers to report a fatality or severe injury (“SIR”). Generally, a fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.
After...more
In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that...more
On July 2, 2024, OSHA released its long-awaited national heat illness and injury prevention standard as predicated in an earlier blog article. It applies to all employers conducting outdoor and indoor work in all general...more
In an enforcement memorandum dated May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique (ART) (massage that targets soft...more
Heat Stress: OSHA recently took a critical step in implementing its long-awaited heat stress rule by presenting the draft rule’s initial regulatory framework at a meeting of the Advisory Committee on Construction Safety and...more
Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the...more
On January 26, 2024, OSHA published a revised enforcement manual for Process Safety Management of Highly Hazardous Chemicals (“Manual”). The Manual reflect OSHA’s first revisions to its prior directive issued in 1994 which is...more
Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the...more
As we head into the New Year, it is a good time for businesses to review OSHA’s cold stress guidance (link below). OSHA reminds employers that monitoring the wind chill temperature and workers’ physical condition while...more
The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more
12/5/2023
/ Canada ,
Criminal Code ,
Criminal Negligence ,
Duty of Care ,
Mining ,
OSHA ,
Policies and Procedures ,
Professional Responsibility ,
Safety Precautions ,
Workplace Injury ,
Workplace Safety
OSHA recently shared preliminary data for its Top 10 list in fiscal year 2023 which ended September 30, 2023. They are listed below in order of most frequently cited:
1. Fall Protection – General Requirements (1926.501)-...more