News & Analysis as of

Workplace Hazards

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

Open & Known Hazards Under the Kinsman Exception to Privette

Gonzalez v. Mathis, 2018 WL 718528 confirms the difficulties a defendant will face when trying to overcome the Kinsman exception to the Privette doctrine on a dispositive motion when dealing with an open and obvious hazard....more

Quiet Release Of Report Likely To Change The Victorian WHS Enforcement Landscape – Carrot Or Stick Approach?

by Seyfarth Shaw LLP on

In the last working week of 2017, the Victorian Government quietly released the Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria....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

[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

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

OSHA News Releases from January 15 through January 31

by Kelley Drye & Warren LLP on

01/30/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Georgia Auto Parts Manufacturer for Safety Violations, Proposes Maximum Penalties - 01/25/2018 – Region 4 OSHA News Release – U.S. Department of...more

Transportation And Workplace Violence Standout In Census Of 2016 Fatal Occupational Injuries

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual...more

2018 OSHA News Releases from January 1st through January 15th

by Kelley Drye & Warren LLP on

01/09/2018 – Region 2 OSHA News Release – U.S. Department of Labor Cites South Jersey Manufacturer For Continued Safety Violations - 01/05/2018 – OSHA National News Release – U.S. Department of Labor Urges Employees and...more

Fifth Circuit Addresses Scindia Duties on Summary Judgment and the West Caveat Sending Case Back to District Court

by Baker Donelson on

In another recent case on the Scindia duties, the Fifth Circuit Court of Appeals in Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc., remanded a case dismissed by the District Court for the Eastern District of...more

A Surprising Number of Hazards May Be Present in Your Office

by Howard Ankin on

Office workers are exposed to a number of workplace hazards like slip and fall accidents, ergonomic hazards, electrical fires, poor indoor air quality and other dangers that result in tens of thousands of work-related...more

D.C. Circuit Rejects Industry Challenges to Silica Rule and Remands to OSHA for Further Consideration on Medical Removal...

by Beveridge & Diamond PC on

The U.S. Court of Appeals for the District of Columbia rejected all industry challenges to an Obama-era rule on worker exposure to respirable crystalline silica in a December 22, 2017 ruling. In its written decision, the...more

Workplace Fatalities Decrease for Health Care Practitioners

Health care was among the occupations that saw the largest declines in fatal work injuries in the most recent year federal data is available, according to the U.S. Bureau of Labor Statistics. It recently released statistics...more

D.C. Circuit Upholds OSHA Silica Rule

by King & Spalding on

The U.S. Occupational Safety and Health Administration (OSHA) recently promulgated a new rule for respirable crystalline silica, with compliance obligations for the general industry beginning on June 23, 2018. Some industries...more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

Baby It’s Cold Outside…So Remember OSHA’s Cold Stress Guide

by Cozen O'Connor on

As much of the country is experiencing record low temperatures, it is a good reminder that failing to take appropriate measures to protect employees working in such environments and avoiding other hazards associated with the...more

Breaking: D.C. Circuit Upholds Silica Standard

by Sherman & Howard L.L.C. on

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more

D.C. Circuit Rejects All Industry Challenges to OSHA’s New Silica Standards

On Friday, December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected all of American industry’s many challenges to the Occupational Safety and Health Administration’s (OSHA) new silica dust...more

Best Practices for Staying Off of OSHA’s “Naughty List”

by Stoel Rives LLP on

Construction projects, both big and small, pose a host of safety risks and challenges. Ask anyone who has ever swung a hammer and they will tell you that sometimes accidents on a jobsite are unavoidable. Construction...more

Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical...more

Mercury/OSHA Enforcement: Citations Issued to Plainville, Connecticut Contractor for Alleged Violations Related to Facility...

The Occupational Safety and Health Administration (“OSHA”) issued citations to a Plainville, Connecticut construction contractor for alleged violations related to the demolition of a mercury boiler. Manafort Brothers, Inc....more

Roadside Workers at Risk

by Howard Ankin on

U.S. roadside workers are exposed to hazardous workplace conditions that put them at high risk of serious injury and death. Each year, thousands of roadside workers are injured or killed while performing their jobs....more

November 2017 OSHA News Releases

by Kelley Drye & Warren LLP on

11/29/2017 – Region 3 OSHA News Release – U.S. Department of Labor Fines US Environmental Inc. for Safety Violations and Proposes Penalties Totaling $333,756 - 11/28/2017 – Region 6 OSHA News Release – U.S. Department of...more

OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another,...

by Stoel Rives LLP on

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It...more

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