The changes to MSHA’s workplace examination rule governing metal and nonmetal mines have garnered significant attention. Stakeholders fought back against the original proposed rulemaking, and MSHA delayed implementation three...more
5/22/2018
/ Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
New Rules ,
Notification Requirements ,
Recordkeeping Requirements ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA’s new electronic recordkeeping...more
As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more
2/27/2018
/ Civil Liability ,
Concealed Weapons ,
Employees ,
Employer Liability Issues ,
Firearms ,
General Duty Clause ,
Gun Laws ,
Liability Insurance ,
Mass Shootings ,
Negligence ,
OSHA ,
Risk Assessment ,
Workplace Violence
On February 21, the Occupational Safety and Health Administration (OSHA) issued new interim enforcement procedures, provided below, regarding failure to submit electronic injury and illness records.
In 2016, OSHA adopted a...more
Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA...more
Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more
2/14/2018
/ Appeals ,
Construction Industry ,
Corporate Counsel ,
Employer Liability Issues ,
Hazardous Substances ,
Health and Safety ,
New Rules ,
Occupational Exposure ,
OSHA ,
Regulatory Standards ,
Rulemaking Process ,
Shipyard Industry ,
Silica ,
Substantial Evidence ,
Toxic Exposure ,
Unions ,
Workplace Hazards ,
Workplace Safety
Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more
It’s a news headline we’ve seen too often, including several times in recent weeks: another disgruntled employee or former employee has entered the workplace and killed or injured coworkers. What can you do to minimize the...more
6/20/2017
/ Best Management Practices ,
Bullying ,
Catastrophic Events ,
EAP ,
Employer Liability Issues ,
Incident Response Plans ,
Mass Shootings ,
Protective Orders ,
Safety Training ,
Threat Management ,
Workplace Safety ,
Workplace Violence ,
Zero Tolerance Policies
Long hours and late nights detrimentally impact one’s ability to drive safely. The longer a driver has been awake, or the greater the number of hours he or she has worked, the more likely an accident may occur. Some...more
As many employers know, OSHA has attempted to gain unprecedented power in the inspection process. Indeed, as this article is written, battles are being fought in federal court relative to OSHA’s authority and power in the...more
Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more
This August Federal OSHA will increase its penalties for the first time since 1990.
We originally thought maximum fines would increase to $12,500 for serious citations and $125,000 for willful and repeat citations. Based...more
OSHA recently surprised us with the announcement it had authority to increase penalties for the first time since 1990. Given this development, we expect OSHA to increase the maximum fine for serious citations to $12,500 and...more
One of the fascinating things about an OSHA citation defense practice is the distinctions you see in prosecution by Federal OSHA versus state plans. It is very unusual in the legal world to have the same laws enforced by...more
The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more
10/6/2015
/ Construction Industry ,
Construction Site ,
Construction Workers ,
Employer Liability Issues ,
Federal Contractors ,
NFL ,
OSHA ,
Popular ,
Sports ,
Workplace Hazards ,
Workplace Injury