Last week, the federal Occupational Safety and Health Administration issued proposed regulations that would allow a wide range of third-party representatives to accompany OSHA investigators during workplace investigations....more
Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...more
The Washington State Department of Labor and Industries (DLI) and Amazon are engaged in a high-stakes dispute over the agency’s ability to require changes at warehouse operations intended to reduce what the state...more
It may seem obvious that for personal protective equipment to work, it must be properly fitted for the individual wearing it. However, last week the federal Occupational Safety and Health Administration issued a notice of...more
With summer in full swing, employers should remain aware of employee safety risks associated with heat stress. The federal Occupational Safety and Health Administration continues work on a heat exposure safety standard after...more
Those of us who deal with the Occupational Safety and Health Administration (OSHA) have watched with interest the agency’s ongoing enforcement efforts against the Dollar General retail chain. Since 2017, OSHA has assessed...more
Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more
In a recent EmployNews article, we discussed the recent publicity over child labor violations across the U.S., frequently involving immigrant minors. Earlier this month, the Department of Labor’s (DOL) Wage and Hour Division...more
As spring weather begins in many parts of the U.S., higher temperatures are just around the corner. Now is a good time for employers to review their response to situations involving employee exposure to high temperatures....more
In recent years, we have written extensively about the huge increases in fines and other penalties assessed by the federal Occupational Safety and Health Administration (OSHA). These fines are multiplied in situations where...more
Section 662(d) of the Occupational Safety and Health Act (OSH Act) allows employees to file suit against employers seeking compliance with the Occupational Safety and Health Administration’s (OSHA) safety standards in urgent...more
As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more
In recent months, EmployNews has reported on the dramatic increase in penalties assessed by the federal Occupational Safety and Health Administration (OSHA) in situations where the agency believes that employers are not...more
If any business doubts that the federal Occupational Safety and Health Administration (OSHA) has changed its practices with regard to monetary citations, a recent fine involving an Ohio vinyl tile manufacturer should...more
The federal Occupational Safety and Health Administration (OSHA) continues its efforts to scrutinize employers considered to have ignored or minimized safety issues discovered during prior inspections. OSHA previously...more
It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more
Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more
In July, the federal Occupational Safety and Health Administration (OSHA) announced enhanced enforcement initiatives to address a significant increase in employee fatalities caused by trench collapses. The new initiative is...more
Last month, the federal Occupational Safety and Health Administration (OSHA) announced a $330,000 penalty assessed against Family Dollar following the death of an employee involved in a shoplifting incident. OSHA...more
On July 7, Region 4 of the federal Occupational Safety and Health Administration (OSHA) issued a news release reminding employers of their duty to protect employees from heat-related illnesses. Region 4 includes Florida,...more
As previously reported in EmployNews, the federal Occupational Safety and Health Administration (OSHA) recently announced a three-year national enforcement program to address employee exposure to heat-related health issues....more
According to the Occupational Safety and Health Administration (OSHA), falls continue to be the top cause of employee deaths in the construction industry. Understandably, OSHA views fall protection as an enforcement priority....more
On December 10, a Category 3 tornado directly hit an Amazon distribution facility in Edwardsville, Illinois, resulting in a partial collapse of the building and six employee fatalities. In response to this tragedy, the...more
The Occupational Safety and Health Act (OSHA) established a dual enforcement structure for inspections and citations for workplace safety issues. Either federal OSHA enforces the law, or states have the option of electing to...more
Last week, the federal Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program for workplace heat stress risks. The program will involve inspections of both indoor and outdoor worksites...more