This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act and the Occupational Safety and Health Administration (OSHA) and how both influence...more
For a number of years, the Occupational Safety and Health Administration (OSHA) has promised a heat injury and illness prevention standard. To date, proposals related to heat injury and illness in outdoor settings have been...more
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act and the Occupational Safety and Health Administration (OSHA) and how both influence...more
A yearslong saga seems to be coming to an end now that the Office of Information and Regulatory Affairs (OIRA) has completed its review of the Occupational Safety and Health Administration’s (OSHA) “walkaround rule,” 29...more
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers...more
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more
3/6/2024
/ Affirmative Defenses ,
Compliance ,
Employer Liability Issues ,
Health and Safety ,
Multi-Employer Worksites ,
OSH Act ,
OSHA ,
Preemption ,
Rulemaking Process ,
Workplace Hazards ,
Workplace Safety
On February 5, 2024, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) related to the Fire Brigades standard, 29 C.F.R. 1910.156, and related standards. ...more
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more
On January 26, 2024, the Occupational Safety and Health Administration (OSHA) issued its updated Process Safety Management of Highly Hazardous Chemicals Instruction, providing enforcement guidance related to compliance with...more
In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress...more
This is the first in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act, the Occupational Safety and Health Administration (OSHA), and how both...more
1/12/2024
/ Administrative Law Judge (ALJ) ,
OSH Act ,
OSHA ,
Private Sector ,
Protected Activity ,
Regulatory Authority ,
Regulatory Standards ,
Safety Violations ,
State OSHA Laws ,
Whistleblowers ,
Workplace Safety
On August 30, 2023, the Occupational Safety and Health Administration (OSHA) published a proposed rule that would change the scope of who would be allowed to participate in walkarounds conducted as part of OSHA inspections. ...more
Though heralded as one of the Occupational Safety and Health Administration’s (OSHA) top priorities, the introduction of a heat injury and illness prevention standard has yet to happen. According to some reports, OSHA has yet...more
On July 20, 2023, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking (NPRM) that would amend 29 C.F.R. 1926.95(c) to require construction employers to make personal protective...more
On Monday, July 17, 2023, the Occupational Safety and Health Administration (OSHA) announced a long-anticipated update to its rule requiring electronic submission of injury and illness data. The updated rule goes into effect...more
It is perhaps not a surprise to anyone familiar with e-commerce and the corresponding infrastructure that was developed to deliver all those packages, but according to the Occupational Safety and Health Administration (OSHA),...more
7/18/2023
/ Bureau of Labor Statistics ,
Delivery Drivers ,
Distribution Centers ,
E-Commerce ,
Employer Liability Issues ,
Grocery Store Workers ,
Grocery Stores ,
Health and Safety ,
Heat Exposure ,
Inspections ,
NAICS ,
NEP ,
OSHA ,
Safety Inspections ,
Warehouses ,
Workplace Hazards ,
Workplace Safety
Recently, the United States General Accounting Office (GAO), which is a nonpartisan agency in the legislative branch, took on oversight of the executive branch agency, Occupational Safety and Health Administration (OSHA). In...more
7/18/2023
/ Agricultural Sector ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Agriculture ,
Emergency Rule ,
Food Manufacturers ,
Food Safety and Inspection Service (FSIS) ,
GAO ,
Infectious Diseases ,
Manufacturers ,
Meat Processing Plants ,
NIOSH ,
OSHA ,
Poultry ,
USDA ,
Workplace Hazards
A long time ago in a galaxy far, far away … or, more precisely, last month in the Texas Capitol in Austin, Governor Greg Abbott signed into law House Bill (HB) No. 2127, the Texas Regulatory Consistency Act—a measure that his...more
The Atlantic hurricane season runs from June 1 to November 30 each year. This year, in mid-June, the Occupational Safety and Health Administration (OSHA) published the “Hurricane eMatrix,” a hazard exposure and risk...more
On June 1, 2023, the Occupational Safety and Health Administration (OSHA) issued a Local Emphasis Program (LEP) impacting “seafood processing operations and related merchant wholesaler operations in two targeted North...more
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more
In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more
6/21/2023
/ Bargaining Units ,
Biden Administration ,
Corporate Counsel ,
Inspection Rights ,
NPRM ,
Obama Administration ,
OSHA ,
Regulatory Agenda ,
Safety Inspections ,
Union Representatives ,
Unions ,
Workplace Safety
On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more
As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times per month....more
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more
5/17/2023
/ Administrative Agencies ,
Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Citations ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Judicial Review ,
OSHA ,
Safety Violations ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation of Powers