The Burr Broadcast: OSHA Heat Illness & Injury Prevention Standards
The Chartwell Chronicles: New Jersey Caselaw Updates
The Chartwell Chronicles: Understanding the Medicals
The Chartwell Chronicles: FAQs & Hot Topics
The Chartwell Chronicles: Release & Resignation
The New Hot Topic: OSHA’S National Emphasis Program for Heat-Related Hazards
Leaders Moving Business Forward with Dianna MacDonald of Powerhouse
#WorkforceWednesday: OSHA Urges Face Masks, ADA Turns 30, Employee Vacations - Employment Law This Week®
How Might Your Company be Affected by West Virginia's Employment Law Changes?
Polsinelli Podcasts - What Health Care Providers Need to Know About Ebola Preparedness
Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know
The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA...more
On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated a machine-guarding citation on the ground that the injured operator had deliberately bypassed the guard that the employer...more
Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating...more
An administrative law judge of the independent Occupational Safety and Health Review Commission held this week that the Occupational Safety and Health Administration (OSHA) had failed to show that a document the agency used...more
The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but...more
Unanimous decisions from the Federal Mine Safety and Health Commission are rare, but on July 11, 2019, the Commission ruled 5-0 to reverse an Administrative Law Judge’s finding of a fall protection violation in Sims Crane...more
Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more
In 2018 and the early part of 2019, there has been a flurry of interesting decisions from the Occupational Safety and Health Review Commission (“Commission”). The decisions have ranged from a case clarifying Secretary of...more
On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more
On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more
We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more
Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more
Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more
The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more
Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more
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
Earlier this month, in a rare en banc decision, the full Eighth Circuit Court of Appeals held eight to four that the federal Occupational Safety and Health Administration exceeded its authority by interpreting a safety...more