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Don’t Know What You Got (Till It’s Gone): Is OSHA Required to Give Managers and Supervisors Their Rights Before Interviewing Them?

When an inspector from the Occupational Safety and Health Administration (OSHA) shows up at your workplace, know this: everything—and we mean everything—that a manager or supervisor says at any point to the inspector will...more

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

Are North Carolina Employers Required to Have a Written Safety and Health Program?

North Carolina law requires employers with a workers’ compensation experience rate modifier (“ERM”) of 1.5 or higher to “establish and carry out a safety and health program to reduce or eliminate hazards and to prevent...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

How The Government Shutdown Is Affecting Your Workplace

Because Congress and the president could not approve a stopgap funding bill by midnight on December 21, the federal government partially shut down, with no compromise in sight. What will this mean for employers across the...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

How The 2018 Government Shutdown Could Affect Your Workplace

If Congress and the president cannot approve a stopgap funding bill by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? Because of the peculiarities of the...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 Seinfeld Defense: Poppy Seed Consumption May Actually Cause Drug Test Failure

Elaine Benes loved poppy seed muffins. That is, until she failed a drug test at work for opium. That’s right. As Peterman said, “White Lotus. Yam-yam. Shanghai-Sally.” Elaine did not lose her job, but she was not allowed to...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

Workers in High-Risk Industries at Greater Risk for Opioid Deaths, Study Says

Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them. It is well known that...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

MSHA Citations Upheld by Administrative Law Judges Before April 3, 2018 May Be Invalid

Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more

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