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
On March 30, 2022, the Occupational Safety and Health Administration (OSHA) published new proposed rules regarding electronic recordkeeping requirements. Specifically, OSHA has sought to revise recordkeeping rules related to...more
Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety...more
It is well-established that injuries and illnesses, such as those sustained in a motor vehicle accident that occurs during an employee’s normal commute time from home to work, are not work-related and thus not recordable...more
On January 13, 2022, the Supreme Court’s decision to reinstate the stay of the Occupational Safety and Health Administration emergency temporary standards (OSHA ETS) was widely reported. While the stay of the OSHA ETS has...more
Not surprisingly, particularly after a recent oral argument on January 7, 2022, the Supreme Court reinstated the national stay of OSHA’s ETS today. In doing so, the Court found that the petitioners were “likely to succeed on...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The start of the New Year serves as a good reminder to covered employers that they must electronically submit 300A data on or before March 2, 2022, for the calendar year 2021. Covered employers include those with 250 or more...more
On December 27, OSHA announced it is allowing its ETS for healthcare facilities to sunset but that it would continue to work expeditiously to promulgate a permanent standard for coronavirus-related hazards. In its statement,...more
On December 18, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s national stay of OSHA’s general duty COVID Emergency Testing Standard (ETS) that covers private employers with 100 or more employees, except...more
Friday night, the Sixth Circuit lifted the Fifth Circuit’s national stay on OSHA’s general duty COVID ETS. Shortly thereafter, OSHA issued information to employers stating it would exercise enforcement discretion...more
To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to...more
12/16/2021
/ Cal-OSHA ,
Construction Industry ,
Coronavirus/COVID-19 ,
Enforcement ,
Manufacturers ,
Mine Safety and Health Administration (MSHA) ,
Occupational Injury ,
OSHA ,
OSHRC ,
Rulemaking Process ,
Workplace Safety
On the morning of December 6, 2021, Mayor Bill de Blasio announced major expansions to the “Key to New York City” program. The city will issue additional enforcement and reasonable accommodation guidance on December 15,...more