News & Analysis as of

Enforcement Occupational Safety and Health Administration Employer Liability Issues

Hahn Loeser & Parks LLP

Department of Labor 2023 Enforcement Report – OSHA Insights

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

Proskauer - Whistleblower Defense

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

Steptoe & Johnson PLLC

OSHA Outlines Enforcement Priorities for 2023

Steptoe & Johnson PLLC on

Senior Department of Labor officials recently outlined the Occupational Safety and Health Administration’s (OSHA) enforcement priorities at an American Bar Association conference regarding occupational safety....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 2, January 2023

EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing - The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more

Pillsbury Winthrop Shaw Pittman LLP

OSHA Enforcement Guidance Could Subject Employers to More Citations

The Occupational Safety and Health Administration (OSHA) can now issue separate citations for each instance of an alleged high-gravity serious violation. OSHA is also encouraged to issue multiple violations instead of...more

Parker Poe Adams & Bernstein LLP

New OSHA Heat Exposure Enforcement Program Impacts Wide Range of Employers

As previously reported in EmployNews, the federal Occupational Safety and Health Administration (OSHA) recently announced a three-year national enforcement program to address employee exposure to heat-related health issues....more

J.S. Held

Heat Illness & What OSHA's National Emphasis Program Means for Employers

J.S. Held on

The dangers associated with heat related illness are well understood. However, deaths and serious illnesses continue to occur , and may increase in time, because of increased frequency of extreme temperatures....more

McDermott Will & Emery

OSHA Announces Plan to ‘Expand Its Presence’ in Certain Healthcare Facilities Treating COVID-19 Patients

McDermott Will & Emery on

Between March 9, 2022, and June 9, 2022, the US Occupational Safety and Health Administration (OSHA) will “expand its presence” in hospitals and skilled nursing facilities that treat COVID-19 patients and that were previously...more

Sheppard Mullin Richter & Hampton LLP

OSHA Emergency Temporary Standard Survival Guide

What Happened? I Thought This Was Gone! On Friday, December 17, the United States Court of Appeals for the Sixth Circuit lifted the nationwide Stay that had been previously put in place by the United States Court of...more

Mintz - Employment Viewpoints

A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule - Update

UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hexavalent Chromium/OSHA Enforcement: Bloomfield, Connecticut, Aircraft Parts Manufacturer Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued a November 9th news release alleging violations by Kaman Air Vehicles (“KAV”). KAV is described as a Bloomfield, Connecticut, aircraft parts manufacturer....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s Enforcement of the Respirable Crystalline Silica Standard for General Industry, 2018–2019: By the Numbers

For employers concerned about how the Occupational Safety and Health Administration (OSHA) has been enforcing its Respirable Crystalline Silica Standard for General Industry, the agency’s enforcement data for the standard’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Enforcement for Respirable Crystalline Silica in Construction Standard, 2018-2019: By the Numbers

For construction employers anxious over how the Occupational Safety and Health Administration (OSHA) and state plan states are enforcing the Respirable Crystalline Silica in Construction Standard, the last two calendar years...more

Fisher Phillips

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

Fisher Phillips on

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

Constangy, Brooks, Smith & Prophete, LLP

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

Foley & Lardner LLP

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

Foley & Lardner LLP on

The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more

King & Spalding

Employers to Focus on Conducting TB Risk Assessments Following New OSHA Directive

King & Spalding on

On July 13, 2015, the Occupational Safety and Health Administration (OSHA) issued an enforcement directive, Enforcement Procedures and Scheduling for Occupational Exposure to Tuberculosis (CPL 02-02-078) (2015 Directive),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Expect the Best, Prepare for the Worst: OSHA Enforcement Looms Over Black Friday

“Black Friday” is the day after Thanksgiving and considered by many to be the start of the holiday shopping season. In recent times, the term “Black Friday” has been associated with the concept that retailers’ shift from...more

Spilman Thomas & Battle, PLLC

OSHA Updates Reporting and Recordkeeping Rule

In the September 18, 2014 Federal Register, the Occupational Safety and Health Administration (“OSHA”) published revisions to 29 CFR Part 1904 with respect to updated reporting and recordkeeping requirements. Employers...more

Foley & Lardner LLP

You’re NOT Paranoid – the Agencies ARE Ganging Up

Foley & Lardner LLP on

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

Baker Donelson

OSHA Update: Aggressive OSHA Enforcement and "OSHA Jail"

Baker Donelson on

OSHA has proposed its budget for fiscal year 2015 and there are already many contentious positions being taken regarding what had been hailed as overly aggressive enforcement positions by OSHA. Examples of overzealous...more

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