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The Cult of Personality? Decline in OSHA Inspectors under President Trump

Every presidential administration has its priorities, and President Trump’s is no different. President Trump has put his stamp on the Occupational Safety and Health Administration (OSHA) by stalling, delaying, or modifying...more

Will OSHA Bring The Heat This Summer? Groups Continue To Press For Heat Standards

This past Memorial Day weekend, the southeastern region of the United States experienced a historic heatwave that set all-time records. It’s only going to get hotter, and temperatures throughout the summer can create hazards...more

Will OSHA Pay Your Attorney’s Fees for Fighting an Improper Citation Under the Equal Access to Justice Act?

The Occupational Safety and Health Administration (OSHA) conducted an inspection of your facility. OSHA issues a serious citation to your company for a machine guarding violation, despite the fact the OSHA investigator did...more

“Walk This Way”: What are Employers’ Walk-Around Rights During OSHA Inspections?

Under the Occupational Safety and Health Act of 1970 (OSH Act), employers have a right to be given the opportunity to accompany an OSHA compliance safety and health officer (CSHO) during an inspection of the workplace. In...more

Web Exclusive: If I Could Turn Back Time: Can You Find a Way To Correct Erroneous Accident Or Injury Reports To Avoid An OSHA...

An accident happens at your workplace, leading to an employee injury. During the hectic response, incorrect information funnels its way up to the safety director charged with notifying OSHA of reportable injuries and...more

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

Sammy Hagar Says He Can’t Drive 55. OSHA Says Your Workers Can’t Drive Distracted.

According to the Occupational Safety and Health Administration (OSHA), motor vehicle crashes cost employers $60 billion annually in medical care, legal expenses, property damage, and lost productivity. Motor vehicle crashes...more

If I Could Turn Back Time: Can Employers Find a Way to Correct an Erroneous Accident or Injury Report to OSHA and Avoid an...

An accident happens at your workplace, and an employee is injured. During the hectic response, incorrect information funnels its way up to the safety director or person charged with notifying OSHA of reportable injuries and...more

Don’t You (Forget About Me): Can Former Managers’ Statements Bind Companies in OSHA Investigations?

An accident happens and an employee is seriously injured and admitted to the hospital. Not only does the company need to conduct an investigation into what happened, but it must report the injury to OSHA as well. During its...more

Here OSHA Goes Again: 2019 Increases to Maximum Penalty Amounts Announced

Employers will be facing higher penalties from the federal Occupational Safety and Health Administration (“Fed-OSHA”) in 2019. On January 15, 2019, Fed-OSHA announced that it plans to increase the maximum penalty an employer...more

What a Partial Government Shutdown Would Mean for Workplace Safety Enforcement: Is OSHA in “The Final Countdown”?

With the threat of a partial government shutdown looming on December 21, employers are left wondering which government agencies will be impacted if the shutdown occurs. Presently, departments in the following areas will be...more

Top 10 Most Frequently Cited OSHA Standards, 2018 Edition

While it is not comparable to David Letterman’s Top 10 lists, at a recent industry gathering, OSHA announced its annual top 10 violations for fiscal year 2018 (October 1, 2017, through September 30, 2018). For those who have...more

Appeals Court Clamps Down On OSHA Investigations

In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more

Bad Medicine? Acting OSHA Head Raises Peracetic Acid Use as Ongoing Concern in Poultry Industry

At a recent national safety conference for the industry, the acting head of the Occupational Safety and Health Administration (OSHA) remarked that the agency is focusing on the use of peracetic acid in the poultry industry....more

The Heat Is On: OSHA Petitioned to Require Breaks to Alleviate Heat Stressat Work

It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more

OSHA, Too? Will OSHA Citations Also Be Invalidated in the Wake of the Jones Brothers Case?

After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more

Celebrity Apprentice: Head of OSHA Edition. Which Celebrities Are Qualified to Lead the Occupational Safety and Health...

On October 27, 2017, Scott Mugno was nominated by President Donald Trump to lead the Occupational Safety and Health Administration (OSHA) as the agency’s assistant secretary of labor. Mugno is the former head of Federal...more

Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint

It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it...more

“Flagged” You’re It? Will OSHA Inspect Your Workplace if You Electronically Report Injury and Illness Data After July 1?  

The Occupational Safety and Health Administration (“OSHA”) just warned employers that it will take note of worksites that electronically report their 2017 OSHA 300A information after the July 1, 2018 deadline. The agency...more

Don’t Be Late! Recent Decisions Remind Employers that OSHA Citations May Become Final if Not Timely Contested

Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late. Employers Have 15 Working Days to...more

Are Mandatory OSHA Settlement Conferences Still Mandatory?

Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more

State Plans Must Abide: Fed-OSHA Fixes Alleged “Error” and Mandates Electronic Reporting of Injuries and Illnesses in All State...

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

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

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

OSHA Issues Guidance on How to Cite Employers That Failed to Electronically Submit Injury and Illness Information

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

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