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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

Will Congress Do The DEW? What A Proposed Labor-Education Department Merger Would Mean For You

The Trump administration just announced an ambitious plan to overhaul the federal bureaucracy that would include the merging of the Department of Labor (USDOL) with the Department of Education. The 132-page proposal announced...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

Wind of Change: MSHA’s Final Rule Governing Workplace Examinations for Metal and Nonmetal Mines Becomes Effective June 2, 2018

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

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

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

Gary Vaynerchuk, The Gig Economy, and Saving Time

If you’re not already listening to the GaryVee Audio Experience Podcast, I recommend starting immediately. Former immigrant turned multi-millionaire Gary Vaynerchuk offers some of the best advice I’ve heard in succeeding in...more

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

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

Total Eclipse At The Job: You Need This Advice More Than Ever

Next week, many Americans will witness a truly astronomical phenomenon: a total solar eclipse will sweep across the country on Monday, August 21. This is the first time a total eclipse will be visible in the U.S. since...more

8/14/2017  /  Sick Leave , Time-Off Policies

Workplace Violence Occurring At Alarming Rate: Time For Employers To Be Proactive

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

Drowsy Driving Permitted? Are Rideshare Drivers Subject to Shift Restrictions?

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

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

Dale Earnhardt Jr.’s Sudden Retirement: A Lesson on the Value of Workplace Safety

Dale Earnhardt, Jr. shocked the racing world last week when he abruptly announced his retirement from NASCAR at the end of the 2017 season. - “Dale Jr.,” is in the prime of his career and a 26-time race winner on...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

Should Rideshare Drivers be Allowed to Carry a Weapon? 

A recent rash of attacks on Uber and Lyft drivers raises questions regarding the safety of these gig economy workers. Drivers must often work under dangerous circumstances, including chauffeuring complete strangers, many of...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

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