News & Analysis as of

Workplace Safety

Effect of Marijuana Legalization on the Workplace

by Smith Anderson on

Federal law prohibits marijuana use. Despite this, over the last few years, many states have legalized marijuana use for both medicinal and recreational purposes. ...more

Ontario, Canada May Soon See Regulations Addressing Temporary Help Agencies' Liability for Workplaces Injuries

by Littler on

A proposed amendment to the Workplace Safety and Insurance Act, 1997 (the “WSIA”) that would expand workplace liability for injuries to temporary employees, might soon receive renewed attention. ...more

Can modern technology improve health and safety and save lives?

by Hogan Lovells on

The mining and construction sectors have, historically, been highly labour-intensive, with both these sectors being large-scale employers. Both sectors also consist of a diverse range of employers from small-scale operations...more

MSHA Rolls Out New System To Improve Mine Inspections

by Jackson Lewis P.C. on

On February 22, 2018, the Mine Safety & Health Administration (MSHA) announced that it would be instituting a new Mobile Inspection Application System (Mobile IAS) to improve and further enhance the efficiency and...more

[Webinar] Coffee & Compliance with Chris - Workplace Accidents, Investigations, and Employer Policies - March 29th, 9:30am CT

by Winstead PC on

This presentation will discuss best practices for managing workplace accidents, incident investigations (e.g., near miss, OSHA Complaint, etc.), and recordkeeping procedures. The presentation will also highlight several...more

ICYMI: Federal Appeals Court Upholds New OSHA Silica Rule

A recent federal appeals court decision rejected a challenge to the Occupational Health and Safety Administration’s new rule for respirable crystalline silica (silica) exposure in the construction industry (the Silica Rule),...more

OSHA News Releases from March 1 through March 15

by Kelley Drye & Warren LLP on

03/15/2018 – Region 3 OSHA News Release – U.S. Department of Labor Recognizes BAE Systems For Excellence in Workplace Safety at Norfolk Repair Facility - 03/14/2018 – Region 6 OSHA News Release – OSHA Partners with...more

Update - Cal/OSHA Hotel Housekeeping Injury Standard Effective July 1, 2018

by Fisher Phillips on

As we reported in January, after nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The final regulation was recently...more

California Hotel Workers Musculoskeletal Injury Prevention Regulation To Take Effect July 1, 2018

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 9, 2018, the California Office of Administrative Law approved the new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement...more

MSHA To Strengthen Scofflaw Program In Order To Enforce Collection Of Fines

by Jackson Lewis P.C. on

In an op-ed published on March 6th, 2018 in the Wheeling News Register, Assistant secretary for MSHA, David Zatezalo, announced plans to prioritize the collection of unpaid MSHA fines through the agency’s scofflaw program....more

Proving a Sudden and Extraordinary Employment Injury Must be Rock Solid

In State Compensation Insurance Fund v. WCAB and Jose Guzman, (H044300, filed 1/30/18, publication order 2/23/18), the California Court of Appeal, Sixth Appellate District, rejected Applicant’s argument that a psychiatric...more

NIOSH Publishes Workplace Design Solutions Addressing Nanomaterials

by Bergeson & Campbell, P.C. on

The National Institute for Occupational Safety and Health (NIOSH) began its Prevention through Design (PtD) initiative in 2007. NIOSH states that its mission is to reduce or prevent occupational injuries, illnesses, and...more

Assistant Secretary Zatezalo Shares His Vision for MSHA

After 41 years in the mining industry and three months as the Assistant Secretary of Labor for Mine Safety and Health, David Zatezalo, has begun to publicly outline his vision for the Mine Safety and Health Administration...more

OSHA Considering Changes to Silica Rule

by Sherman & Howard L.L.C. on

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

Beryllium: March 2nd OSHA Memorandum Delaying Enforcement of Certain Standards

United States Occupational Safety and Health Administration (“OSHA”) Director, Directorate of Enforcement Programs, Thomas Galassi, authored a March 2nd memorandum titled: Delay of Enforcement of the Beryllium Standards...more

OSHA Delays Enforcement Of Beryllium Standard Until May

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety and Health Administration announced that it is pushing back the effective date of parts of the rule limiting workers’ exposure to beryllium until May, while it negotiates with...more

DOJ Announces Sexual Harassment Enforcement Initiative - State and Local Government Employers Face Additional Federal Scrutiny

by Holland & Knight LLP on

State and local governments – many of whom are already facing new sexual harassment regulations and enforcement actions at the state level – are now subject to additional federal scrutiny and potential enforcement pursuant to...more

Court Upholds Unlimited Look Back Period for OSHA Repeat Violations

The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a...more

“Hands Off, Pants On” When Guests Sexually Harass Your Hotel Employees

by Fisher Phillips on

In an April 2016 survey of 400 Chicago-area women working at hotels, nearly 50 percent indicated that they have had a guest answer the door naked, expose themselves, or were otherwise flashed. Worse yet, 1 in 10 said they had...more

Another Anniversary of the Lottery Shootings – Has Anything Changed?

by Shipman & Goodwin LLP on

Ten years ago today, I wrote about the then-Tenth Anniversary of one of the horrible events that made a lasting impact on Connecticut employers. I recounted the Connecticut Lottery shootings that happened a decade earlier....more

Can Trump Save Coal Without Killing All the Miners?

Last month, the New York Times reported on the identification of the largest cluster of advanced black lung cases ever reported. (And lest you think that this is fake news, the Times contains a link to the article, which was...more

Coming Your Way: Digital MSHA Inspectors

by Husch Blackwell LLP on

MSHA announced last week that it’s mine safety inspectors are joining the digital age. Goodbye, “general field notes” on lined paper? Hello, customized tablets. MSHA says that it’s now starting to deploy the new system,...more

An OSHA Officer With Expired Credentials Can Cite You…

by Husch Blackwell LLP on

According to a decision this week, an OSHA compliance officer can write you a citation even if her credentials are expired. Your opportunity to challenge the credentials is only before you let her inside. In a recent...more

Canada: SCC in Stewart v. Elk Valley, Upholds Employer's 'No Free Accident' Alcohol and Drug Policy

by Dentons on

On June 15, 2017, the Supreme Court of Canada released a landmark decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30), reinforcing the right of employers to take proactive risk mitigation and management measures through...more

Update From The Midwinter Meeting Of The ABA Occupational Safety And Health Law Committee

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting....more

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