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OSHA wants you to protect your employees from the heat

The Occupational Safety and Health Administration has recently issued a Notice of Proposed Rulemaking, addressing “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” This proposed standard would apply to...more

California employers, do you have a workplace violence prevention plan?

Enforcement season begins July 1, 2024. Employers in California must have a Workplace Violence Prevention Plan in place by July 1, 2024 (except for limited and narrow exceptions found in Labor Code section 6401.9(b)(2)). In...more

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s...more

OSHA announces new electronic filing rule

The Occupational Safety and Health Administration has announced a revision of its injury and illness electronic filing regulation, 29 CFR § 1904.41. Scheduled to be published in the Federal Register tomorrow and to go into...more

Looks like penalties for OSHA violations will be even higher than we thought

As we recently reported, all penalties levied by the federal Occupational Safety and Health Administration were increased by 7 percent due to a law that requires civil penalties to adjust for inflation. Penalties for serious...more

Happy new year, OSHA penalties went up again

In 2015, Congress decided that penalties for violations of the Occupational Safety and Health Act should automatically increase each year by the previous year’s rate of inflation. This decision was signed into law as the...more

What’s next for OSHA and COVID vaccine mandates?

The Occupational Safety and Health Administration officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today. The government has also asked that the ETS litigation (NFIB v. U.S. Department...more

OSHA Penalties Increase For 2021

With everyone trying to predict what the Occupational Safety and Health Administration will do under the Biden Administration, there is one certainty that we can let you know about. As now happens automatically every January...more

OSHA Nudges Employers Toward Requiring Masks For COVID-19

The Occupational Safety and Health Administration recently added to its COVID-19 Frequently Asked Questions a recommendation that employers “encourage” their workers to wear face coverings. Previously, OSHA had stopped short...more

OSHA Reverses Course On COVID-19 Hospitalization Reporting Requirement

In July, the Occupational Safety and Health Administration published a “Frequently Asked Question” containing new instructions for reporting work-related hospitalization cases of COVID-19. Our July 16 bulletin explained that...more

OSHA Further Relaxes OSHA Compliance Obligations

In a nod to the challenges facing many employers during the ongoing pandemic, the Occupational Safety and Health Administration has issued a “discretionary enforcement policy” titled “Discretion in Enforcement when...more

OSHA Issues Temporary Enforcement Guidance On Respiratory Protection

On March 14, the Occupational Safety and Health Administration issued initial Guidance explaining that due to the shortage of N95 filtering facepiece respirators, the Agency was not requiring health care employers to conduct...more

OSHA Penalties Increased, Again!

In 2015, Congress passed a law called the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. It appears that the word “Improvements” may have been added in an unsuccessful attempt to make the law sound...more

California Supreme Court Opens Door To Extensive New Remedies For Violations Of Safety And Health Standards

It’s always California, isn’t it? The California Supreme Court issued a unanimous decision last week allowing civil prosecutions to be brought against employers who violate the standards of the California Division of...more

Electronic Filing Of OSHA 300A Annual Summary Extended Until December 15, 2017

Well, we waited it out thinking that there might be yet another delay, and sure enough, OSHA announced today that the December 1 due date has been extended until December 15. Remember, the new Electronic Filing requirement...more

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will...more

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting...more

Don’t Panic! Employers Should Be Able To Continue Most Post-Accident Drug Tests Under OSHA’s New “Reasonable Reporting Procedure”...

As we reported in our May 13, 2016, OSHA Update, on August 10, the Occupational Safety and Health Administration will begin enforcing its new regulation requiring employers (1) to have a “reasonable procedure” for employees...more

OSHA Rule Requires Public Reporting of Injuries by Employers, Bans "Unreasonable" Requirements for Employees to Report

On Wednesday, the Occupational Safety and Health Administration amended its occupational injury and illness recordkeeping rules to require larger establishments with at least 250 employees at any time during the previous...more

Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the...more

Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the...more

So You've Reported An Accident To OSHA: What Happens Next, And How Do You Respond?

OSHA’s “Interim Enforcement Procedures” Prioritize Its Responses to Reported Accidents, Calling for Inspections in Some Cases and Submission of the Employer’s Own Accident Investigation Report in Others....more

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into...more

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