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
What can the connection between legendary alternative rock band R.E.M. and veteran reporter Dan Rather tell us about workplace safety? Most probably didn’t even realize these two popular culture figures had anything in...more
It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more
12/11/2017
/ Budget Cuts ,
Citations ,
Consultation ,
Electronic Reporting ,
Inspections ,
Investigations ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Reporting Requirements ,
Safety Standards ,
Silica ,
Trump Administration ,
Willful Violations ,
Workplace Exam Standards ,
Workplace Safety
New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an...more
5/4/2017
/ Affirmative Action ,
Blacklist ,
Buy American Act ,
Data Security ,
Domestic Hiring Policy ,
EEO-1 ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Immigration Reform ,
Labor Relations ,
LGBTQ ,
Neil Gorsuch ,
OSHA ,
Over-Time ,
Pay Equity Laws ,
SCOTUS ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
Federal OSHA increased its maximum penalties last summer for the first time since 1990. The increase occurred pursuant to a new law requiring federal agencies to adjust penalties to account for inflation. However, the OSH...more
Richard Marx Won’t Be Right Here Waiting To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared....more
It’s the first of December. Significant changes in workplace safety law take effect today.
OSHA’s new drug testing and anti-retaliation rule, which alters the circumstances when drug testing can be conducted and...more
The election of Donald Trump surprised some Americans. In the days since his victory, our firm’s lawyers have fielded numerous questions from employers regarding what changes to workplace law they can expect under the Trump...more
11/21/2016
/ Anti-Retaliation Provisions ,
Dodd-Frank ,
Drug Testing ,
Electronic Reporting ,
Fair Pay and Safe Workplaces ,
Labor Regulations ,
OSHA ,
Penalties ,
Presidential Elections ,
Repeal ,
Reporting Requirements ,
Safety Inspections ,
Silica ,
Trump Administration ,
Whistleblowers ,
Workplace Safety
The general election is only days away. On Tuesday, November 8, American voters will finally determine if Hillary Clinton or Donald Trump will succeed Barack Obama as our nation’s president....more
The general election is less than five weeks away. On November 8, 2016 - in conclusion of perhaps the most entertaining election cycle in U.S. history - American voters will finally determine if Hillary Clinton or Donald...more
How Would Coach Nick Saban Handle an OSHA Inspection? Lessons for Employers from the Crimson Tide’s Championship Football Coach
September has arrived. That can only mean one thing: it’s time for college football!...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
Now that the first cases of locally transmitted Zika virus have hit the continental United States, it is time for employers to sit up and take notice. Until recently, Americans could generally acquire the virus only if they...more
An armed gunman just entered the lobby of your hotel. He announces he is taking your front desk employees and nearby guests as hostages. An image on a security camera reveals that the gunman is a former bellman who was fired...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
Last week Florida public health administrators reported the first locally transmitted Zika virus cases in the continental United States. Officials believe that four individuals in a northern Miami neighborhood contracted the...more
It’s time to improve your workplace safety program. Fed-OSHA just announced the sweeping new requirement that, beginning in 2017, many employers must electronically provide to the Agency the details concerning the workplace...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
2015 brought more changes to the OSHA enforcement landscape than we’ve seen in the last 30 years.
A judge’s ruling in December that Fed-OSHA could seek abatement of alleged hazards at every location operated by an...more
An otherwise entertaining and unique election cycle took a violent turn Friday night. Angry protestors stormed a planned Donald Trump rally at a convention center in Chicago, inciting violence amongst attendees with several...more
An armed gunman just entered your workplace. You’re under stress. What is the first thing you and your management team do?...more
We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...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