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Can OSHA Look Back Farther than 5 Years for Repeat Citations? Recent Court Decision Reaffirms that there Is No Limitation on...

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

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

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

What’s The Frequency, Kenneth? How An R.E.M. Song Can Teach Workplace Violence Lessons

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

8 For ‘18: 8 Things for Employers to Look For from OSHA and MSHA in 2018

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

100-Day Recap: Workplace Law Under President Trump, So Far

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

OSHA Penalties Keep Changing, But the OSH Act Remains the Same: Were OSHA’s Recent Penalty Increases Valid?

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

Richard Marx Won’t Be Right Here Waiting To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared....more

OSHA, Drugs, and Rock ‘n’ Roll: A Musical Soundtrack to OSHA’s New Drug Testing and Anti-Retaliation Rule

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

Did These 10 OSHA Rules and Initiatives Die With the Election of Donald Trump?

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

OSHA with Her: Stronger Together Under Hillary? What the Occupational Safety & Health Administration Might Look Like Under a...

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

"Make OSHA Great Again!" What the Occupational Safety & Health Administration Might Look Like Under a President Trump

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 

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

Preparing for an OSHA Interview Under the Current Administration

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

Zika Is Here: 7 Tips For Keeping Your Employees Safe

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

Active Shooters In The Workplace: Is The Hospitality Industry Ready

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

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

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

Zika-Carrying Mosquitoes Are Here: Tips For Keeping Your Employees Safe

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

You Are a Workplace Safety Rockstar: A Supervisor’s Guide to Taking Safety to the Next Level

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

Will State OSHA Plans Follow the Feds’ Lead and Increase their Penalties Too?

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

Is OSHA Improperly Expanding the Scope of its Inspections?

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

Could OSHA Shut Down a Violent Donald Trump Rally?

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

A TED Talk’s Roadmap for Staying Calm When an Active Shooter’s at the Door

An armed gunman just entered your workplace. You’re under stress. What is the first thing you and your management team do?...more

Judge Says OSHA Can Seek Hazard Abatement at Worksites it Never Inspected

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

Consider this OSHA: Eliminate Many Penalties and Create Safer Workplaces

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

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

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

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