News & Analysis as of

Workplace Investigations Workplace Safety

OSHA staffing ups and downs – what could it mean for employers?

by Husch Blackwell LLP on

Part of the Trump administration’s political platform was to shrink the size of the federal government that is not involved in defense and security. As that trickles down to OSHA, what will fewer compliance officers mean for...more

[Webinar] Managing MSHA Investigations - September 26th, 1:00pm ET

by Conn Maciel Carey LLP on

MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more

OSHA Inspections are on the Rise: Will You Be Ready?

by Foley & Lardner LLP on

As employers, manufacturers are aware of their responsibility for knowing the safety standards applicable to their businesses. But many do not understand their rights and obligations during the inspection process. In recent...more

Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

by Field Law on

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents....more

Alberta government signs Memorandum of Understanding with police services setting out new procedures for investigating serious...

by Dentons on

The government of Alberta and 10 police services recently signed the Westray Memorandum of Understanding. The announcement was made on the National Day of Mourning, which this year commemorates the 25th anniversary of the...more

OSHA Walks Back Guidance on Third Parties Participating in an OSHA Inspection at a Non-Unionized Workplace

by Hodgson Russ LLP on

On February 21, 2013, Deputy Assistant Secretary Richard E. Fairfax issued an OSHA Letter of Interpretation suggesting that non-unionized workers without a collective bargaining agreement have a right to designate a...more

OSHA Advisory: OSHA Drops Controversial Inspection Interpretation

by Sherman & Howard L.L.C. on

Last week, OSHA rescinded a controversial 2013 interpretation letter that allowed union representatives – including organizers – to participate in OSHA inspections at non-union workplaces. Many employers and employer groups...more

OSHA Rights its Course: Only Authorized Union Agents and Employees Can Participate During OSHA Inspections

by Littler on

Four years ago, in a letter of interpretation addressed to Steve Sallman of the United Steelworkers of America (the Sallman Letter), the federal Occupational Safety and Health Administration (OSHA) changed more than 35 years...more

Cal/OSHA Proposes Hotel Housekeeping Injury Rule

by Fisher Phillips on

After several years of discussion and debate, the Cal/OSHA Standards Board (Board) recently issued a proposed standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The proposal currently is open for public...more

Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

by Fisher Phillips on

If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite...more

How to Survive a North Carolina Department of Labor OSH Investigation

by Ward and Smith, P.A. on

Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division ("OSH") at any time. Investigations may occur because of an on-the-job accident or a...more

All About OSHA

by Jackson Lewis P.C. on

Nearly every time I visit OSHA’s website, which is a daily event for me, I find something new. It might be a news release on the latest enforcement action, which might tell me what compliance officers are focusing on in...more

Would you survive a knockout?

by Seyfarth Shaw LLP on

Ronda “Rowdy” Rousey was at the top of her field, training hard and winning harder. Her success had built her brand. So much so that she diversified into acting with parts in two big budget, big publicity movies. Then it...more

[Webinar] MSHA 101: Understanding The Mine Act and MSHA Policy - February 14th, 1:00pm EST

by Conn Maciel Carey LLP on

The Mine Act of 1977 governs all mine operators and grants MSHA authority over the industry. It, along with the MINER Act of 2006, also specifically outline the rights of miners and operators. Yet, while the Mine Act directs...more

Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California...more

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

by Conn Maciel Carey LLP on

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

OSHA overreach on workplace drug testing

by McAfee & Taft on

Responsible employers routinely test employees for the use of illegal drugs. Testing promotes safety, controls workers’ compensation costs and promotes compliance with federal regulations. Oklahoma law gives employers the...more

[Webinar] Key Cal/OSHA Issues that California Employers Must Understand - July 21st, 4:00 pm EDT

by Conn Maciel Carey LLP on

The state of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is perhaps the most aggressive and enforcement heavy approved state OSH program. Cal/OSHA faces many fewer bureaucratic...more

Expect More Comprehensive OSHA Inspections Under a New “Enforcement Weighting System”

by Conn Maciel Carey LLP on

Over the course of the next year, employers can expect to see longer, more comprehensive OSHA inspections that focus on complex safety and health hazards. This change is associated with OSHA’s new enforcement protocol it...more

OSHA Issues New Whistleblower Investigations Manual

by Seyfarth Shaw LLP on

Following through on its April 2015 “clarification” of the investigative standard in whistleblower matters, OSHA issued a new whistleblower investigations manual overnight restating the mission of its...more

OSHA Announces Significant Increases in Civil Penalties, Marking First Time Maximum Fines for Violations Have Risen Since 1990

by BakerHostetler on

On November 2, 2015, President Barack Obama signed the Bipartisan Budget Act of 2015. Obscured within the lengthy bill is a provision that not only mandates a current increase in the penalties for violations of standards...more

Does your safety policy require an accident investigation? Court suggests investigation file may not be litigation privileged

by Dentons on

An Alberta judge has suggested that if a workplace safety policy or program requires that certain accidents be investigated, then the accident investigation reports may not be subject to litigation privilege – meaning that...more

Caution: Your Workplace Accident Investigation May Be Used Against You!

Last week, I posted about OSHA’s expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to OSHA electronically...more

OSHA Updates Emphasis Program on Amputations – Cites Employer and Places It on Severe Violators List

by Seyfarth Shaw LLP on

Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a...more

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