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 -

New OSHA Tree Care Publication

by Jackson Lewis P.C. on

Earlier this month OSHA published a guidance document for the tree care industry, “Solutions for Tree Care Hazards.” The two page publication addresses five major hazards for the tree care industry, including traffic...more

For OSHA Purposes, First Circuit Deems Subcontractor Employee of General Contractor

Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more

What the White House 2019 Budget Proposals Tell Us About Future Labor and Employment Policy Reforms

On February 12, 2018, the White House released its fiscal year 2019 (FY 2019) budget plan and sent it to Capitol Hill just a week after signing a two-year budget deal lifting the spending caps for 2018 and reopening the...more

District Court Upholds OSHA’s Refusal To Permit Compliance Officer’s Testimony In Personal Injury Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA may refuse to allow its compliance officers to testify in civil tort proceedings....more

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

by Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations

by Ballard Spahr LLP on

The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more

Can OSHA Look Back Farther than 5 Years for Repeat Citations? Recent Court Decision Reaffirms that there Is No Limitation on...

by Fisher Phillips on

Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA...more

House Subcommittees Discuss The Impacts Of Opioids In The Workplace

by Husch Blackwell LLP on

Today the House Subcommittee on Health, Employment, Labor, and Pension and the Subcommittee on Workforce Protections held a joint hearing on how the opioid epidemic is affecting workplaces and communities. Members heard about...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

DOL Increases Civil Penalty Amounts (Again)

by Baker Donelson on

Last month, the U.S. Department of Labor announced increases in the civil penalty amounts that may be imposed on employers under several federal employment laws. On January 2, 2018, the DOL rolled out increases to the civil...more

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

by Fisher Phillips on

Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more

Washington OSHA Issues Draft PSM Rule for Refineries

by Beveridge & Diamond PC on

The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for...more

2018 Benefits Grab Bag - Tax Reform, Bipartisan Budget Act and Other Items

by Winstead PC on

Even though the Tax Cuts and Jobs Act made some changes to how the Internal Revenue Service (the “Service”) is to adjust retirement plan contribution limits late last year, the Service confirmed that the limits on retirement...more

Weekly Roundup - February 10.

by Fisher Phillips on

If you are involved in safety or risk management, especially in construction, you recognize that struck-by accidents are almost always among the top three causes of employee deaths. What you may not appreciate is that most...more

Hexavalent Chromium/OSHA Enforcement: Kansas Aircraft Manufacturer Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) has cited Spirit Aerosystems, Inc. (“SAI”) for alleged violations involving hexavalent chromium....more

A Primer On Telemedicine And The Workplace

by Fisher Phillips on

Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...more

The Most Hazardous Industry

by Poyner Spruill LLP on

The construction industry continues to be the most hazardous industry in our state according to statistics recently released by the North Carolina Department of Labor. Forty percent of all OSHA-reported fatalities involved...more

Employers Must Post OSHA 300A From February 1 – April 30

by Jackson Lewis P.C. on

Employers covered by OSHA’s recordkeeping rule are required to prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” beginning February 1 and keep the form posted until April 30. The form...more

Assistant Secretary of Labor David Zatezalo Testifies on MSHA’s Policies and Priorities for 2018

On February 6, 2018, during a session entitled “Reviewing the Policies and Priorities of the Mine Safety and Health Administration,” Assistant Secretary of Labor for Mine Safety and Health David G. Zatezalo testified before...more

[Webinar] Unlock the Mysteries of OSHA’s Lockout/Tagout Standard - February 20th, 1:00pm ET

by Conn Maciel Carey LLP on

OSHA’s Lockout/Tagout (Energy Control) Standard is always one of OSHA’s most frequently cited standards, and with the “Amputations National Emphasis Program” continuing into 2018, as well as LOTO violations continuing to be...more

Cal/OSHA Drafts Rules For Workplace Violence Prevention In General Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more

New MSHA Chief Briefs Congressional Committee

by Husch Blackwell LLP on

On Tuesday, the U.S. House Subcommittee on Workforce Protections held an oversight hearing on MSHA and mine safety, featuring Assistant Secretary of Labor David Zetazelo, who outlined his priorities for MSHA....more

Igniting Awareness About Flammable Chemicals

by Howard Ankin on

According to the Occupational Safety & Health Administration (OSHA), flammable liquids and chemicals in the workplace increase the potential injury risks for workers. Flammable liquids are capable of igniting flash fires and...more

Weekly Round Up – February 4, 2018

by Fisher Phillips on

Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general,...more

Business-Friendly Times – USDOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents....more

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