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
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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
As technology evolves, unfortunately, so do ways to hack that technology. The recent cyberattacks in several casinos in Las Vegas are just one recent example of the growing concern about cyberattacks on businesses and the...more
According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident,...more
On July 17, 2023, OSHA released its final rule expanding its electronic recordkeeping and reporting requirements. As expected, the rule largely mimics OSHA’s 2022 proposal and takes effect January 1, 2024. The rule requires...more
Creating a strong safety culture in a business has many components. It requires the commitment and participation of the executive management team and all supervisory and non-supervisory employees throughout the organization....more
WARNING: Spoiler alert! STOP reading now if you do not want to read spoilers which are used as examples to illustrate points in the blog article.
As viewers know, Ted Lasso is a feel good show about an American college...more
Sadly, tragic workplace violence incidents continue to plague the country. Although it is unlikely that OSHA, in the foreseeable future, will engage in rulemaking for a general industry workplace violence rule, it has already...more
Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative...more
As we head into 2023, employers can expect to see more aggressive OSHA enforcement. BNA reported that the number of OSHA inspectors grew 19% in the fiscal year 2022. This was not surprising given the significant increase to...more
As a reminder to covered establishments, they must electronically submit their Form 300A on or before March 2, 2023, which can be done here. Covered establishments generally include 250 or more employees or 20-249 employees...more
As we head into the holiday gift giving season, it is a great time for businesses to think about employee safety and health and how they can strengthen their safety culture. Providing adequate supervisory and employee safety...more
In a recent decision in the Eastern District of New York, Walsh v. Community Health Center of Richmond, Inc., et al., 21-CV-3094 (ARR)(TAM), the court held that OSHA has the right to pursue individual damages for a...more
The use of “leased” employees continues to skyrocket. Between 1992 and 2017, it is estimated that the number of people working for employee leasing firms increased 682%, from 341,884 to 2.7 million. There are a variety of...more
During an OSHA inspection, the compliance officer will most likely request certain documents such as the manufacturer’s manual, safety and health policies, internal or external safety and health audits, videotapes, minutes...more
The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible for the violations of other employers where it could reasonably be expected...more