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OSHA Finalizes Rule Rescinding Electronic Submission of Certain Injury and Illness Records

OSHA has finalized a rule that rescinds the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness...more

OSHA Proposes Amendments to its 2017 Beryllium Standard

The Occupational Safety and Health Administration (OSHA) has proposed amendments to its January 9, 2017 final rule adopting general industry standards for beryllium exposure in the workplace. The final rule, adding 29 C.F.R....more

Fifth Circuit Upholds OSHA’s Multi-Employer Citation Policy

The Fifth Circuit has now joined the seven other Courts of Appeals that have rejected challenges to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Citation Policy. In Acosta v. Hensel Phelps...more

OSHA Issues Important Guidance for Employer Safety Incentive/Drug-Testing Programs and Forecasts Key Enforcement Targeting...

The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more

Eleventh Circuit Rejects OSHA Effort to Expand Inspection Based on Injury Records

Introduction - In a recent decision, the U.S. Court of Appeals for the Eleventh Circuit rejected an Occupational Safety and Health Administration (“OSHA”) effort to widely broaden the scope of an inspection based on past...more

OSHA Proposes to Rescind Electronic Submission of Certain Injury and Illness Records

OSHA recently issued a Notice of Proposed Rulemaking that proposes to rescind the requirement for establishments with 250 or more employees to electronically submit their OSHA Form 300 (Log of Work-Related Injuries and...more

OSHA Issues Direct Final Standard Amending Beryllium Standards for General Industry with Attention to Dermal Contact

OSHA has clarified its January 9, 2017 occupational health standard on beryllium. On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general...more

California Supreme Court Allows Unfair Competition and False Advertising Claims Against Employer Arising From Workplace Accident

A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws. See Solus Industrial Innovations, Inc. v. Superior Court of...more

Washington OSHA Issues Draft PSM Rule for Refineries

The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for...more

D.C. Circuit Rejects Industry Challenges to Silica Rule and Remands to OSHA for Further Consideration on Medical Removal...

The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling. In its written decision, the...more

OSHA Delays First Deadline for Electronic Reporting to December 15, 2017

On November 24, 2017, OSHA published a final rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 15, 2017. By December 15, all...more

OSHA Proposes December 1, 2017 Deadline for First Phase of Electronic Reporting, Foreshadows Rulemaking on Anti-Retaliation...

On June 28, 2017, OSHA published a proposed rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 1, 2017. This proposal comes...more

OSHA Indefinitely Delays Electronic Reporting Requirements

Last week, the Labor Department indefinitely delayed enforcement of at least the first phase-in deadline of its electronic reporting requirements for injury and illness logs. Specifically, OSHA’s Injury and Illness...more

OSHA’s “Volks” Rule Invalidated

Last week, President Donald Trump signed a joint resolution passed by the House and Senate overturning the Occupational Safety and Health Administration (“OSHA”) rule titled “Clarification of Employers’ Continuing Obligation...more

EPA Stays RMP Rule Amendments and Grants Petition for Reconsideration

The U.S. Environmental Protection Agency has stayed the implementation of a significant revision of the Risk Management Program (RMP) rule pending the receipt of additional comments. Simultaneously, EPA has granted a request...more

OSHA Issues New Beryllium Standards

After more than 40 years of trying, the Occupational Safety and Health Administration (OSHA) has published a rule to reduce its occupational exposure limits for beryllium, a toxic metal used in various industries. Upon...more

OSHA “Clarifies” Employers’ Injury and Illness Recordkeeping Obligations

In the closing days of the Obama Administration, the Occupational Safety and Health Administration (OSHA) has issued a final rule that “clarifies” employers’ “continuing obligation” to make and maintain an accurate record of...more

Revised OSHA Fall Protection Standard Imposes New Obligations on Employers

OSHA recently published a long-anticipated final rule amending its existing Walking-Working Surfaces and Personal Protective Equipment (PPE) standards. The rule, which applies to general industry, seeks to improve worker...more

Compliance Deadline for OSHA Workplace Safety Reporting Anti-Retaliation Regulations Extended to November 1, 2016

The compliance deadline for OSHA regulations designed to encourage workplace safety reporting and discourage employer retaliation has been extended from August 10 to November 1, 2016. The delay follows a legal challenge to...more

OSHA, EPA and DOI Increase Maximum Civil Penalties

This summer, many federal agencies increased civil monetary penalties as much as 150 percent in response to new legislation mandating that federal agencies "catch up" with inflation and remedy past government failures to...more

OSHA Workplace Safety Reporting Anti-Retaliation Regulations Effective August 10, 2016

OSHA Adds Electronic Reporting Requirement To Injury & Illness Recordkeeping Regulations; August 2016 Deadline For Anti-Retaliation Provisions; Potential For Increased Criminal Liability OSHA regulations designed to...more

OSHA Amends Existing Standards for Occupational Exposure to Respirable Crystalline Silica

This news alert discusses the Occupational Safety and Health Administration's (OSHA) final rule for worker exposure to respirable crystalline silica. The rule significantly lowers the existing permissible exposure limits for...more

New DOJ Prosecutorial Initiative Blends Environmental and Worker Safety

Companies with Occupational Safety and Health Administration (OSHA) citations may face criminal charges going beyond those allowed under the OSHA statute, under a new Worker Endangerment Initiative and Memorandum of...more

Substantial OSHA Penalty Increases Are Coming

OSHA penalties are going up. EPA’s penalties are going up, too. However, while EPA penalties have been going up modestly every four years to take inflation into account, OSHA penalties have not increased in 25 years. Maximum...more

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