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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

Top 10 Workplace Law Developments To Expect From The Trump Presidency

It’s official: Donald Trump will soon be our nation’s 45th president. Now the work begins to forecast what the next four years will bring. We’ve spent some time gathering our firm’s collective wisdom on what the next...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

USDOL Recruits Whistleblowers for Misclassification Claims: Will Gig Workers Even Notice?

The United States Department of Labor (USDOL) recently revised its wage and hour poster to include information on the misclassification of workers as independent contractors. As noted in our previous legal alert on this...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

MSHA’s Proposed New Rules on Workplace Examinations May Increase Individual 110(c) “Agent” Exposure.

The Mine Safety and Health Administration (“MSHA”) recently proposed new rules on workplace examinations that may significantly impact mine operators and employers. In recent years, MSHA has been far more willing to use...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

Workplace Violence In The News: How To Respond If A Worker Is Served With A Restraining Order

After yet another incident of workplace violence in the news, we have to consider that any employee served with a restraining order should be treated as a reason to take workplace security precautions. The shooter in the most...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

Is the Loss of Vision Reportable Under OSHA’s New Rule?

OSHA’s new rule requiring that any work-related amputation, inpatient hospitalization, or loss of an eye be reported within 24 hours has resulted in a drastic increase in the number of inspections initiated as a result of...more

Would OSHA “Punt” on Inspecting an NFL Team?

The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more

Must Poultry Employers Comply with Terms of Letter from Heads of USDA and OSHA?

OSHA recently reminded the Poultry Industry that it has not lost interest in a multiple front attack on processors, as shown by the almost $1,000,000 in citations issued against a Midwestern processor. You should view these...more

The Quirks of Mid-Atlantic State OSHA Plans: North Carolina

While a “State-OSHA Plan” must at least meet Fed-OSHA standards, these plans often develop their own additional requirements and have widely varying enforcement and appeal processes. When Federal OSHA adopts a new regulation,...more

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