News & Analysis as of

OSH Act General Duty Clause

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

Recent Federal OSHA Workplace Violence Case Provides a Road Map on General Duty Clause in Workplace Violence Cases

On October 25, 2021, a customer named Jacob Bergquist, with a history of violating the Boise Towne Square Mall’s firearms ban, opened fire at the mall. The shooting in the Idaho mall led to the deaths of a Professional...more

Cozen O'Connor

OSHRC ALJ Vacates Workplace Violence General Duty Citation

Cozen O'Connor on

By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people...more

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

Make Holiday Shopping Merry: Bracing for the Increased Retail Workplace Violence Risks

Retail employers are bracing for the annual surge in customer traffic and sales during the holidays, but the large crowds, stress of the season, and other factors increase the risks of workplace violence. As the holiday...more

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

GAO Says OSHA Should Sharpen Its Focus on Ergonomic Hazards in Warehouses and Delivery Companies

Ergonomics and musculoskeletal disorders are the subject of a recent U.S. Government Accountability Office (GAO) study that portends an even greater focus by the Occupational Safety and Health Administration (OSHA) on the...more

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

Workplace Safety Concerns for Florida Employers in Anticipation of Hurricane Helene

Tropical Storm Helene is projected to hit Florida’s Gulf Coast as a major hurricane later this week, and evacuations are already underway in parts of the state. Employers are likely to face inevitable workplace safety risks...more

Venable LLP

OSHA Turns Up the Heat on Employers with New Proposed Rule

Venable LLP on

Last summer, we described efforts of the Occupational Safety and Health Administration (OSHA) and several states to protect workers from heat stress hazards. In July of this year, OSHA issued a notice for a proposed rule,...more

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

OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024....more

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

DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions

The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more

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

OSH Law Primer, Part IV: The General Duty Clause

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act and the Occupational Safety and Health Administration (OSHA) and how both influence...more

Conn Maciel Carey LLP

[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement - October 22nd, 1:00 pm ET

Conn Maciel Carey LLP on

Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

Conn Maciel Carey LLP on

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

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

Turning Up the Heat on OSHA’s Winter Weather Guidelines

In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress...more

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

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more

Fisher Phillips

Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

Fisher Phillips on

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more

Foley & Lardner LLP

The COVID-19 ETS Is Gone, But Employers Must Still Take and Implement Workplace Protections – or Fail at Their Peril

Foley & Lardner LLP on

As the entire country should know by now, on January 13, 2022, the United States Supreme Court issued an Opinion reinstating the stay of enforcement by OSHA of its Emergency Temporary Standard for COVID-19 (ETS). You can...more

McCarter & English, LLP

The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more

Wiley Rein LLP

Supreme Court Blocks OSHA Vax-or-Test ETS

Wiley Rein LLP on

What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more

Jackson Lewis P.C.

OSHA Withdraws COVID-19 Healthcare Emergency Temporary Standard, Vows to Use General Duty Clause

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has announced that it is withdrawing most of the Emergency Temporary Standard for healthcare employers (Healthcare ETS) it promulgated more than six months ago...more

Constangy, Brooks, Smith & Prophete, LLP

Well, Do Vaccinated Employees Have To Wear Masks Again?

The Occupational Safety and Health Administration announced today that it is “recommending” that “fully vaccinated workers in areas of substantial or high community transmission wear masks in order to protected unvaccinated...more

Jackson Lewis P.C.

As States Reopen Employers Face Hard Choices On How To Manage Workplace Safety

Jackson Lewis P.C. on

The coronavirus (“COVID-19”) pandemic has continued to evolve, with COVID-19 cases declining in some areas and vaccinations being rolled out in phases by local public health authorities. Yet widespread vaccinations are not...more

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

Texas Governor Ends COVID-19 Restrictions, but Employers May Want to Remember OSH Act’s General Duty Clause

On March 2, 2021, Texas Governor Greg Abbott issued Executive Order No. 34 (GA-34), rescinding most of his earlier executive orders related to COVID-19, including the statewide mask mandate and business occupancy...more

Littler

Coronavirus (COVID-19) Guidance for Business Preparedness

Littler on

The novel coronavirus (COVID-19) has implications for multiple workplace concerns, including health and safety, leaves of absence, discrimination, and travel. Although the U.S. Centers for Disease Control (CDC) has been...more

Fisher Phillips

Sammy Hagar Says He Can’t Drive 55. OSHA Says Your Workers Can’t Drive Distracted.

Fisher Phillips on

According to the Occupational Safety and Health Administration (OSHA), motor vehicle crashes cost employers $60 billion annually in medical care, legal expenses, property damage, and lost productivity. Motor vehicle crashes...more

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