News & Analysis as of

Occupational Safety and Health Administration

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

OSHA’s July 1, 2018 Electronic Injury and Illness Data Filing Deadline May Impact Public Sector Employers In Illinois

by Laner Muchin, Ltd. on

Recently, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it was fixing an “error” relating to its requirement that employers annually submit injury and illness data to OSHA....more

The Supreme Court’s decision in Epic Systems: Holdings and Hints on Chevron Deference

The decision this week of the Supreme Court of the United States in Epic Systems Corporation v. Lewis will likely prove important on issues other than the arbitration of labor disputes. An extended passage in the opinion...more

OSHA Issues Notice Of Proposed Rulemaking For Crane Operator Certification – Shifting The Original Intent Of The Negotiated...

by Jackson Lewis P.C. on

In August 2010 OSHA issued the final cranes and derricks in construction standard, 1926 – Subpart CC. As part of that standard, crane operators were required to either be certified or qualified (depending on the option...more

PSM “Retail Exemption” In Farm Bill May Fall Victim To Politics

by Jackson Lewis P.C. on

In an April 30th memorandum to Regional Administrators, Tom Galassi (Director for OSHA’s Directorate of Enforcement Programs) announced that OSHA’s process safety management (PSM) standard, which establishes requirements for...more

Construction Industry And Other Outdoor Working Employees Are Susceptible To Vector-Borne Pathogens From Ticks And Mosquitoes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Centers for Disease Control and Prevention’s (CDC) recent report indicates that vector-borne diseases are a rising causes of illness for outdoor workers in the United States. ...more

OSHA Schedules Public Meeting And Requests Comments On Whistleblower Issues In The Trucking And Railroad Industries

by Seyfarth Shaw LLP on

OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview.  83 Fed. Reg....more

OSHA News Releases from May 1 through May 15

by Kelley Drye & Warren LLP on

05/11/2018 – Region 2 OSHA News Release – U.S. Department of Labor Cites New York Cosmetics Manufacturer For Safety and Health Hazards Following November 2017 Fire - 05/11/2018 – Region 4 OSHA News Release – U.S....more

OSHA Trends And Developments: One Year Into The Trump Administration

by Seyfarth Shaw LLP on

Yesterday our panel from Seyfarth’s Workplace Safety team led a briefing on OSHA regulation and enforcement under the Trump Administration. One year into the Trump Administration, employers’ expectations for a more...more

Thought You Were Off The Hook? Now, Employers In State Plan States Must Submit OSHA Injury Data, Too.

by Husch Blackwell LLP on

When a number of states with their own OSHA plans had not implemented new regulations similar to OSHA’s 2016 injury and illness electronic reporting rule, many employers in those states believed they would simply be off the...more

Are Mandatory OSHA Settlement Conferences Still Mandatory?

by Fisher Phillips on

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

OSHA Spring Regulatory Agenda…What To Expect From OSHA

by Jackson Lewis P.C. on

It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. Last week the spring semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete...more

Trump Administration Takes Aim At Obama-Era Beryllium Standard

by Jackson Lewis P.C. on

On January 9, 2017, the Occupational Safety and Health Administration (OSHA) issued a final rule adopting a comprehensive standard for exposure to beryllium and beryllium compounds – a separate standard was promulgated for...more

ARB Rejects SOX Claim Due to Complainant’s Harassment

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more

Robotics, Automation, and Employee Safety for the Future Employer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Due to the increased use of robotics and computer automation for many job functions that have historically been performed by employees raises, besides the traditional personnel and employment issues, a host...more

What the Spring 2018 Regulatory Agenda Reveals About Future Labor and Employment Policy

On May 9, 2018, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the U.S. Equal Employment Opportunity Commission (EEOC) released their spring 2018 regulatory agendas. There were a few...more

OSHA Issues Direct Final Standard Amending Beryllium Standards for General Industry with Attention to Dermal Contact

by Beveridge & Diamond PC on

OSHA has clarified its January 9, 2017 occupational health standard on beryllium. On May 4, the Occupational Safety and Health Administration (OSHA) published clarifying amendments in a direct final rule (DFR) for general...more

OSHA’s National Stand-Down To Prevent Falls In Construction – May 7-11, 2018

by Jackson Lewis P.C. on

Today marks the first day of OSHA’s 5th annual National Stand-Down. The week-long event aims to focus attention on the fact that “Fatalities caused by falls from elevation continue to be a leading cause of death for...more

OSHA Only Requiring Electronic Submission Of 300A Forms

by Jackson Lewis P.C. on

In the last Regulatory Agenda, OSHA indicated that it was undergoing rulemaking to revise the Improve Tracking of Workplace Injuries and Illnesses regulation promulgated under the Obama administration. Specifically, OSHA...more

All State Plan Employers are Now Required to Electronically File 2017 Form 300A Data

by Seyfarth Shaw LLP on

Seyfarth Synopsis: To be compliant, employers in State Plans that have not yet adopted OSHA’s new rule for electronic filing of injury data for Calendar Year 2017, are required to file in the federal OSHA database....more

Stand Fast, Employers: What You Need To Know About Standing Desks

by Fisher Phillips on

As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit...more

OSHA News Releases from April 15 through April 31

by Kelley Drye & Warren LLP on

04/30/2018 – OSHA Trade Release – U.S. Department of Labor Fixes Error Dating to 2016 Implementation of “Improve Tracking of Workplace Injuries and Illnesses” Regulation - 04/27/2018 – OSHA Trade Release – Statement by...more

State Plans Must Abide: Fed-OSHA Fixes Alleged “Error” and Mandates Electronic Reporting of Injuries and Illnesses in All State...

by Fisher Phillips on

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

OSHA Clarifies That Employers In State Plans Must Submit Injury & Illness Data

by Jackson Lewis P.C. on

In a news release issued today, OSHA notified employers in state plans that they must submit their injury and illness data through OSHA’s portal even if their state has not yet adopted the new requirements of the “Improve...more

Chicago’s Most Dangerous Jobs: Is Yours On the List?

by Howard Ankin on

Workers face various workplace dangers that put them at high risk for serious injuries and fatalities, and some of the most dangerous jobs in America are right here in Chicago. With 171 workplace fatalities in Illinois in...more

OSHA Enforcement Of Parts Of Beryllium Rule Begins May 11

by Jackson Lewis P.C. on

Employers must ensure they are in compliance with most of OSHA’s beryllium rule’s requirements for general-industry and with the PEL and STEL in construction and shipyard industries by May 11, 2018. The rule (29 CFR...more

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