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
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
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
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
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
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
5/22/2018
/ Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
New Rules ,
Notification Requirements ,
Recordkeeping Requirements ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
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
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
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
2/27/2018
/ Civil Liability ,
Concealed Weapons ,
Employees ,
Employer Liability Issues ,
Firearms ,
General Duty Clause ,
Gun Laws ,
Liability Insurance ,
Mass Shootings ,
Negligence ,
OSHA ,
Risk Assessment ,
Workplace Violence
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
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
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
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
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
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
6/20/2017
/ Best Management Practices ,
Bullying ,
Catastrophic Events ,
EAP ,
Employer Liability Issues ,
Incident Response Plans ,
Mass Shootings ,
Protective Orders ,
Safety Training ,
Threat Management ,
Workplace Safety ,
Workplace Violence ,
Zero Tolerance Policies
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
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
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
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
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....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