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Introduction - Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness...more
After years of development, the federal Occupational Safety and Health Administration issued proposed regulations last week intended to address employee exposure to dangerous heat and humidity while at work. Affected...more
On July 2, 2024, OSHA released the long-awaited Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. If finalized, the rule would require millions of employers to take steps to protect their...more
During this election year, McDermottPlus is actively monitoring annual regulations that federal agencies are expected to release, as well as “ad hoc” regulations that will be released at the discretion of federal agencies. ...more
Sunday, October 1, 2023: OFCCP Discrimination Enforcement Statistics Hit New Lows - As federal Fiscal Year 2024 began on October 1, Fiscal Year 2023 ended on a down note for OFCCP as its enforcement statistics went even...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. Hot Mess in the House. It has been...more
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
On March 8, 2023, the Oregon Senate passed Senate Bill 592, which, if passed by the House and signed by the governor, would significantly increase the penalty amounts that the Oregon Occupational Safety and Health Division...more
Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more
Heat-related illness can affect various industries and work environments. As temperatures rise this summer, it is important for businesses to have a plan to address heat-related illness to protect both the employer and its...more
1. ANSPRUCH AUF ERÖRTERUNG MOBILER ARBEIT - Anders als der letzte Referentenentwurf des Bundesministeriums für Arbeit und Soziales (BMAS) sieht der aktuelle Entwurf keinen gesetzlichen Anspruch des Arbeitnehmers auf...more
Over the last couple of years, employee incentive programs have been under attack from the Department of Labor. However, OSHA and MSHA have undertaken their efforts against incentive programs in different ways. In the...more
In response to the dangerous levels of air quality last fall after the wildfires in Northern and Southern California, the California Division of Occupational Safety and Health (Cal/OSHA) has issued a proposed regulation...more
Oregon OSHA has proposed to adopt changes to its rules regarding the application of pesticides by agricultural employers. The new rules would...more
Existing regulations establish heat illness prevention standards for outdoor workers. The regulations include requirements for providing sufficient drinking water at no charge to the employee, allowing for recovery or “cool...more
On September 16, 2016, the period for public comment on Oregon OSHA’s proposed rules for respirable crystalline silica closes, and Oregon OSHA is expected to adopt the proposed rules by September 25, 2016. The proposed rules...more
Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more
In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for crystalline silica, Oregon OSHA has proposed revisions to its own silica standards. Oregon OSHA’s rule...more
On July 14, 2016, the California Environmental Protection Agency (“EPA”) announced a “landmark set of regulations to strengthen workplace and environmental safety at oil refineries across the state.” The refinery safety...more
A draft final rule on electronic tracking of employers’ injury and illness records has been sent to the White House’s Office of Information and Regulatory Affairs by the Occupational Safety and Health Administration. This is...more
Once the Occupational Safety and Health Administration opens an investigation of an employer, it has six months to complete the investigation and issue citations. In 2012, the D.C. Circuit Court of Appeals determined that...more
One of the questions often asked by employers is “how long do I have to keep a given record?” Record retention requirements vary from law to law and many companies struggle with the question of how long to keep certain...more
On July 29, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a proposed rule to “clarify” employers’ recordkeeping obligations under 29 C.F.R. Part 1904. Comments are due by September...more
In an unusual move, OSHA announced recently that it is seeking comments on proposed rules that would allow it to issue citations to employers who retaliate against employees who report injuries. The announcement comes in the...more