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How to Survive the Dog Days of Summer: OSHA’s Yearly Heat Campaign Sizzles

On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: “Water. Rest. Shade.” As part of the seventh annual heat illness prevention campaign,...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

OSHA Delays Online Record-Keeping Rule and Opens Proposal for Comment

On June 27, 2017, the Occupational Safety and Health Administration (OSHA) proposed to delay the compliance date of the Obama-era regulation requiring electronic submission of injury and illness records and online public...more

Could Your OSHA 300 Logs Lead to a Chemical National Emphasis Program Inspection?

An appeal pending before the 11th Circuit Court of Appeals (U.S. v. Mar-Jac Poultry, Inc., No. 16-17745, 11th Cir.) reveals a novel approach the federal Occupational Safety and Health Administration (OSHA) is taking to expand...more

Court Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation

On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and...more

OSHA Clarifies Limits on Post-Accident Drug Testing and Safety Incentive Programs

The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining “in more detail” two provisions added to the recordkeeping regulation: Section 1904.35(b)(1)(i) requiring “employers to have a...more

OSHA Pushes Back Enforcement Date for Anti-Retaliation Provisions Again

The Occupation Safety and Health Administration (OSHA) again delayed enforcement of the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, until December 1, 2016. OSHA delayed...more

OSHA Delays Enforcement of Anti-Retaliation Provisions

The Occupational Safety and Health Administration (OSHA) announced on July 13, 2016, that the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, will not be enforced until November...more

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

OSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees

The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency...more

OSHA Ups the Ante for Employers That Fail to Report Workplace Injuries

On March 4, 2016, the Occupational Safety and Health Administration (OSHA) issued new procedures for enforcing revised injury and illness reporting requirements in 29 C.F.R. § 1904.39. Many of the 2014 interim procedures...more

OSHA's Delay in Launching Its Web Portal Raises Concerns for the Proposed Recordkeeping Rule

At the start of 2015, the Occupational Safety and Health Administration (OSHA) made several changes to its regulations requiring employers to report certain work-related injuries and illnesses. Under the previous rule,...more

OSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More

The U. S. Department of Labor (DOL) recently released its Fall 2015 Regulatory Agenda, its semi-annual status report of all regulatory actions underway or being contemplated by the DOL’s agencies. Included in the agenda were...more

Get Ready for Monday-Morning Quarterbacking: OSHA Releases Compliance Guidance and Will Soon Finalize Electronic Recordkeeping...

The Occupational Safety and Health Administration (OSHA) recently sent its proposal to amend the recordkeeping regulation, 29 CFR Part 1904, to the Office of Information and Regulatory Affairs (OIRA)—a necessary step in the...more

President Obama Signs the 2015 Budget Act Increasing OSHA Penalties

President Obama signed the Bipartisan Budget Act of 2015 into law yesterday. The deal was negotiated quickly to avoid a default on the nation’s debt. Perhaps as a result, it includes a surprise for those with an interest in...more

OSHA’s New Reporting Rules Are in Effect—What Will OSHA Do With the Data?

On January 1, 2015, the Occupational Safety and Health Administration’s (OSHA) revised regulation for reporting work-related injuries went into effect. Employers are now required to report fatalities as well as the following...more

Electronic Recordkeeping: OSHA Manages to Make a Bad Proposal Even Worse

In November 2013, the Occupational Safety and Health Administration (OSHA) proposed regulations requiring employers to submit injury and illness data electronically, rather than maintain paper OSHA Form 300 logs of...more

OSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims

In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to...more

5/29/2014  /  Employee Rights , NLRA , NLRB , OSHA , Unions , Whistleblowers

How to Be Prepared if a Non-Employee Union Agent Shows Up with OSHA at an Inspection

As we discussed in a previous post, the Occupational Safety and Health Administration (OSHA) issued an interpretation letter last year stating that non-employee union organizers or community activists could “represent”...more

OSHA Signals an Increased Focus on Hospital Industry

On January 15, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new, online compliance assistance tool for hospitals called, “Worker Safety in Hospitals: Caring for our...more

Safety First—What OSHA’s Newest Interpretation Means for Employers of Temporary Workers

On April 29, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum to regional administrators regarding the obligation of employers to protect temporary workers from...more

Creepy Crawly Bedbugs—What Do They Have to Do with OSHA?

With Halloween right around the corner, what better time to blog about creepy, crawly things that go bump in the night? Or at least just bedbugs....more

10/29/2012  /  OSHA

“Regulation by Shaming”—What is the Impact on the Economy? (Part 2)

As discussed in the prior blog post on this topic, the Occupational Safety and Health Administration (OSHA) has embarked on an enforcement campaign, aptly described as “regulation by shaming.” This includes multiple...more

7/23/2012  /  Enforcement , OSHA

“Regulation by Shaming”—What is the Impact on the Economy? (Part 1)

The long, hot pre-election season is in full swing in Washington, D.C., and to state the obvious, the economy is front and center. As a result, members of both parties have been talking about how burdensome regulations hurt...more

7/18/2012  /  Enforcement , Enforcement Actions , OSHA
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