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OSHA’s Proposed Emergency Response Standard: A Closer Look and an Analysis for Covered Employers

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

OSH Law Primer, Part III: The Duty to Comply With Standards

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

OSHA Proposes to Replace Its Existing Fire Brigades Standard With New Comprehensive Emergency Response Standard

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

OSH Law Primer, Part II: Creating Standards and Regulations

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

OSHA Updates Its Process Safety Management of Highly Hazardous Chemicals Instruction

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

Turning Up the Heat on OSHA’s Winter Weather Guidelines

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

OSH Law Primer, Part I: Understanding the OSH Act and OSHA

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

OSHA Proposes Rule to Allow Third Parties to Participate in Workplace Walkaround Inspections

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

OSHA Provides Regulatory Framework for Heat Injury and Illness Prevention Standard

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

OSHA Issues Notice of Proposed Rulemaking on Personal Protective Equipment for Construction Employees

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

OSHA Announces Expanded Electronic Injury and Illness Reporting Requirements

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

OSHA Announces National Emphasis Program Focusing on Warehousing and Distribution Center Operations

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

GAO Encourages OSHA to Take Action in Meat and Poultry Industry

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

Texas’s HB 2127 ‘Death Star’ Law Doesn’t Strike Back Against Employers’ Workplace Safety and Health Responsibilities

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

Hurricane eMatrix: OSHA’s Latest Guidance for Employers

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

OSHA Announces Region 1 Local Emphasis Program Impacting Seafood Processing Industry

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

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

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

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

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

Oregon Increases Penalties for Workplace Safety Violations

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

Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed

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

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

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

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

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