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Occupational Safety and Health Administration › Enforcement Authority

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 -
Parker Poe Adams & Bernstein LLP

Cooperation Trend Continues: OSHA and NLRB Announce Joint Enforcement Agreement

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In recent months, a number of federal labor and employment agencies have announced new initiatives intended to coordinate and cross-refer enforcement actions. This trend continued last week when the National Labor Relations...more

Parker Poe Adams & Bernstein LLP

Federal OSHA Threatens Arizona with Loss of State Enforcement Authority

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The Occupational Safety and Health Act (OSHA) established a dual enforcement structure for inspections and citations for workplace safety issues. Either federal OSHA enforces the law, or states have the option of electing to...more

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

Cook County, Illinois, Issues Proof-of-COVID-19-Vaccination Requirements for Restaurants, Gyms, and Indoor Entertainment Venues

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On December 23, 2021, Cook County, Illinois, issued Public Health Order No. 2021-11, joining the City of Chicago in requiring certain indoor establishments (including restaurants, gyms and fitness centers, and entertainment...more

Womble Bond Dickinson

OSHA’s New Rule on Mandatory COVID-19 Vaccination Is Back in Force (For Now)

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In the ongoing legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”), a federal appeals court has given OSHA authority - for now -...more

Parker Poe Adams & Bernstein LLP

Federal Government Moves to Revoke South Carolina's Enforcement Authority for Occupational Safety and Health

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Under the federal Occupational Safety and Health Act, states may elect to enforce their own health and safety programs in lieu of federal OSHA exercising enforcement authority. A number of states such as North Carolina and...more

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

Beltway Buzz - September 2021 #4

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Congressional Update, Part I: Budget Brinksmanship. This time next week, we could be in the middle of a government shutdown. Always the masters of brinksmanship, our congressional legislators still do not have a deal to...more

Franczek P.C.

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

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Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.  In week nine, the Biden administration’s labor and employment...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

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On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

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

Beltway Buzz - January 2020 #3

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Where is Everybody? Perhaps due to the impeachment trial of President Donald Trump, it’s been a relatively quiet week in the labor and employment arena in Washington, D.C. President Trump and U.S. Secretary of Labor Eugene...more

Poyner Spruill LLP

New OSHA Regulations - Does Your Drug Testing Policy Comply?

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At the end of last year, OSHA began enforcing new regulatory rules expanding the requirements for employers’ reporting and submitting workplace injury and illness records. These new reporting requirements also contain new...more

Winstead PC

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

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OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation...more

Fisher Phillips

OSHA Makes it Harder to Settle Whistleblower Claims.

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As you may or may not know, OSHA administers the whistleblower portions of about 22 federal statutes. Similar to the recent information from the SEC about problematic language in settlement agreements, OSHA, in its role as...more

Fisher Phillips

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

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Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more

Fisher Phillips

Is OSHA Improperly Expanding the Scope of its Inspections?

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2015 brought more changes to the OSHA enforcement landscape than we’ve seen in the last 30 years. A judge’s ruling in December that Fed-OSHA could seek abatement of alleged hazards at every location operated by an...more

Faegre Drinker Biddle & Reath LLP

The EPA Reveals National Enforcement Initiatives Ahead of 2016 Election

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If you thought you had to wait until after the 2016 election to learn about the Environmental Protection Agency’s (EPA) next iteration of National Enforcement Initiatives—think again. The EPA has announced that, as of Oct. 1,...more

Fisher Phillips

Judge Says OSHA Can Seek Hazard Abatement at Worksites it Never Inspected

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We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...more

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

Increased Criminal Enforcement for Worker Safety Violations?

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In 2010, the Occupational Safety and Health Administration (OSHA) let employers know there was a new sheriff in town. Now there will be a new police force as well. On December 17, 2015, the U.S. Department of Justice (DOJ)...more

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