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Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024

California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health’s (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational...more

OSHA Releases New National Emphasis Program on Fall Hazards

According to the National Safety Council, in 2020, 136 workers died and 127,680 were injured in “same level falls.” According to Bureau of Labor Statistics (BLS) data, “of the 5,190 fatal workplace injuries in 2021, 680 were...more

OSHA Recordkeeping Proposal Would Expand the Ranks of Employers Required to Submit Injury and Illness Data

On April 7, 2023, the Occupational Safety and Health Administration (OSHA) submitted its latest injury and illness recordkeeping proposal to the Office of Information and Regulatory Affairs (OIRA). The proposed changes to the...more

DOL and HHS Announce Joint Effort to Combat Exploitative Child Labor

The U.S. Department of Labor (DOL) and U.S. Department of Health and Human Services (HHS) recently announced new efforts to “combat exploitative child labor,” which is largely the result of “an influx in migrant children from...more

OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Facilities

The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in...more

OSHA Activates U and T Nonimmigrant Visas - ‘Law Enforcement Visas’ - as New Tool in Agency’s Investigation Toolbox

On February 13, 2023, the Occupational Safety and Health Administration (OSHA) announced that U.S. Secretary of Labor Marty Walsh and Assistant Secretary of Labor for Occupational Safety and Health Doug Parker had signed a...more

Is an OSHA Workplace Violence Standard for the Healthcare Industry on the Way?

The Occupational Safety and Health Administration (OSHA) has identified violence in healthcare settings as a significant occupational risk, and a new workplace violence standard for the healthcare industry could be on the...more

Arizona Gets to Keep Its State-Operated Workplace Safety and Health Program

On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health. The...more

OSHA Seeks to ‘Modernize, Expand, and Enhance’ Its Voluntary Protection Programs

Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., citable violative conduct)....more

Revisiting Volks - Is OSHA Buying Itself More Time to Issue More Citations?

Recordkeeping under the Occupational Safety and Health (OSH) Act is often top of mind for workplace safety professionals. Under the OSH Act, employers must record injuries and illnesses resulting in medical treatment beyond...more

Oregon Legislature Proposes Significant Penalty Increases for Workplace Safety Violations

The Oregon Legislature, in response to concerns that the Oregon Occupational Safety and Health Division (Oregon OSHA) penalties were not sufficient, introduced legislation (Senate Bill (SB) 592) that would significantly...more

OSHA’s ‘Site-Specific Targeting Inspection’ Program for Nonconstruction Employers Continues Under New Directive

The new year began with the Occupational Safety and Health Administration (OSHA) clearly establishing that it is focusing on enforcement in 2023. After announcing that it is expanding its instance-by-instance citation policy...more

OSHA Serves Up a Slice of Confusion: Can an Employer’s Pizza Party Workplace Safety Incentive Program Be ‘Unreasonable’?

The Occupational Safety and Health Administration (OSHA) recently posted a tweet with the following question: “Is your pizza party incentive program unreasonable?” Setting aside the frontal attack on arguably one of the most...more

OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will...more

OSHA Alert: Time to Post Annual Form 300A Summary of Injuries and Illnesses; Penalties Jump More Than 7.7 Percent

This year, as has been the case the past six years, January brings two items from the Occupational Safety and Health Administration (OSHA) that almost all employers will want to keep in mind. One is an adjustment to the...more

What Is OSHA’s Role in Light of the NLRB’s Position That Student-Athletes Are University Employees?

Anyone who follows professional football is well aware that Buffalo Bills safety Damar Hamlin collapsed on the field during a Monday Night Football game on January 2, 2023. The sight was jarring. Despite the fact that...more

Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare

The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard...more

Ogletree Deakins’ New OSHA Tracker: Data Related to California, Texas, and Florida

Ogletree Deakins’ recently released OSHA Tracker tool allows employers to search and filter Occupational Safety and Health Administration (OSHA) data to identify emerging issues and OSHA enforcement trends. This interactive...more

If There Is a Constitutional Right to Earn a Living, What Happens to OSHA?

Like virtually every other governmental entity in the world, in March 2020 the City of Columbus, Mississippi, enacted strict lockdown measures affecting private business and public places of worship in an effort to slow the...more

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more

Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan

On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the...more

OSHA Announces Intent to Focus Inspections in Healthcare Facilities With Attention on COVID-19 Healthcare ETS

The Occupational Safety and Health Administration (OSHA) remains focused on the pandemic in certain workplaces as indicated by its announcement of a new National Emphasis Program (NEP) related to COVID-19. Interestingly, the...more

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