News & Analysis as of

Workplace Hazards

Hodgson Russ LLP

OSHA Releases New National Emphasis Program on Trenching and Excavation

by Hodgson Russ LLP on

On October 1, 2018, OSHA issued a new National Emphasis Program (NEP) on Trenching and Excavation under Directive CPL-02-00-161....more

Jackson Lewis P.C.

Workplace Violence: How To Evaluate The Risks And Reduce The Potential Hazards

by Jackson Lewis P.C. on

Every year, nearly two million American workers report having been victims of workplace violence. Sadly, the actual number of cases is likely much higher — many cases go unreported....more

Fisher Phillips

Appeals Court Clamps Down On OSHA Investigations

by Fisher Phillips on

In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more

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

Eleventh Circuit Limits OSHA’s Ability to Use OSHA Form 300 Logs to Obtain an Inspection Search Warrant

On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Refuses to Allow Expanded OSHA Inspection

Occupational Safety and Health Administration workplace inspections are often triggered by an employee injury or complaint. In such circumstances, OSHA rules only permit the inspector to investigate the workplace safety...more

Jackson Lewis P.C.

11th Circuit Deals Blow To OSHA’s Inspection Authority

by Jackson Lewis P.C. on

Last week the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s order quashing an administrative warrant for the inspection of a poultry processing plant. USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th...more

Husch Blackwell LLP

Digging In Deeper: OSHA Raises Enforcement On Trenching And Excavation

by Husch Blackwell LLP on

OSHA says it will increase enforcement with a revised National Emphasis Program (NEP) for trenching and excavation because of an increase in fatalities. According to the Bureau of Labor Statistics, trenching and excavation...more

Kelley Drye & Warren LLP

OSHA News Releases from October 1 through October 15

by Kelley Drye & Warren LLP on

10/12/2018 – Region 3 OSHA News Release – U.S. Department of Labor Cites Pennsylvania Contractor After Employee’s Electrocution - 10/11/2018 – Region 6 OSHA News Release – U.S. Department of Labor and Jordan Foster...more

Constangy, Brooks, Smith & Prophete, LLP

Court Limits Scope Of OSHA Inspections

On October 9, the U.S. Court of Appeals for the Eleventh Circuit found that the Occupational Safety and Health Administration could not expand the scope of an injury-based inspection to a wall-to-wall inspection based on the...more

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

Dig This! OSHA Renews Its Focus on Trenching and Excavation

The Occupational Safety and Health Administration (OSHA) officially kicked off its National Emphasis Program (NEP) on Trenching and Excavation on October 1, 2018. With the NEP comes enhanced enforcement, education, and a new...more

Littler

Employers Brace for Hurricane Michael and Its Aftermath

by Littler on

This hurricane season has been chaos for those along the East Coast. Less than a month after Hurricane Florence rampaged through the Carolinas, Hurricane Michael—a category 4 storm—has made landfall in Florida, and is headed...more

Fisher Phillips

Appeals Court Upholds Decision Limiting the Right of OSHA to Expand Inspections.

by Fisher Phillips on

Oct. 9, 2018 We've waited for over a year to learn if the 11th Circuit Court of Appeals would uphold an earlier court decision saying that OSHA could not expand an injury-based inspection by arguing that injury records and an...more

Littler

OSHA Announces Renewed Focus on Trenching and Excavation Work

by Littler on

The U.S. Occupational Safety and Health Administration (OSHA) recently announced an update to its National Emphasis Program (NEP) on preventing trenching and excavation collapses....more

McNees Wallace & Nurick LLC

Enforcement of OSHA’s Silica Standards in Full Swing

by McNees Wallace & Nurick LLC on

In March 2016, OSHA published its standards for respirable crystalline silica in general industry/maritime (29 C.F.R. § 1910.1053) and in construction (§ 1926.1153), both of which have been phased in. ...more

Kelley Drye & Warren LLP

OSHA News Releases from September 15 through September 30

by Kelley Drye & Warren LLP on

09/27/2018 – OSHA National News Release – U.S. Department of Labor Provides Compliance Assistance Resources to Keep Workers Safe from Trenching-Related Hazards - 09/27/2018 – Region 5 OSHA News Release – U.S. Department of...more

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

OSHRC Agrees with Ogletree Deakins’ Argument That Construction Eyewash Standard Is Invalid

On September 28, 2018, the independent Occupational Safety and Health Review Commission (OSHRC) agreed with Ogletree Deakins’ argument that that the Occupational Safety and Health Administration’s (OSHA) standard requiring...more

Hogan Lovells

The right to a healthy and safe environment

by Hogan Lovells on

Health, safety, and security are key concerns for all stakeholders operating in the energy and natural resources sector, and these concerns are increasingly leading to investor and boardroom decision-making against...more

Husch Blackwell LLP

NIOSH And Private Groups Turn Up The Temperature On OSHA For A Heat Stress Standard

by Husch Blackwell LLP on

Summer may now be over, but the debate over how OSHA should regulate worker exposure to heat – indoors and out – may be getting hotter. Over the summer, both the National Institute for Occupational Safety and Health (NIOSH)...more

Seyfarth Shaw LLP

Workplace Hazards And Pregnancy – What’s An Employer To Do?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more

Kelley Drye & Warren LLP

OSHA News Releases from September 1 through September 15

by Kelley Drye & Warren LLP on

09/14/2018 – Region 5 OSHA News Release – U.S. Department of Labor Enters Partnership to Promote Safety During Illinois Courthouse Construction Project - 09/13/2018 – Region 5 OSHA News Release – U.S. Department of Labor...more

Seyfarth Shaw LLP

The Rain Is Coming: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding....more

Seyfarth Shaw LLP

Future Enterprise – Workplace Safety Compliance Comes to the Forefront for Expanding Healthcare Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand....more

Kelley Drye & Warren LLP

OSHA News Releases From August 1st through August 15th

by Kelley Drye & Warren LLP on

08/14/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Construction Company After Employee Suffers Serious Laceration - 08/09/2018 – Region 5 OSHA News Release – U.S. Department of Labor Forms...more

Kelley Drye & Warren LLP

OSHA News Releases from August 15th through August 31st

by Kelley Drye & Warren LLP on

08/29/2018 – Region 4 OSHA News Release – Florida Roofing Company Faces Penalties For Exposing Employees to Fall and Other Safety Hazards - 08/28/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Thorpe...more

Seyfarth Shaw LLP

Workplace Safety Comes To The Forefront For Expanding Healthcare Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. ...more

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