News & Analysis as of

Workplace Hazards Corporate Counsel

Baker Donelson

OSHA Clarifies "Walkaround" Rule with Newly Issued FAQ

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The Occupational Safety and Health Administration's (OSHA) final "Walkaround" Rule was published in the Federal Register on Friday, March 29, 2024. This rule, which goes into effect on May 31, 2024, is an expansion of the...more

Littler

No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

Littler on

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. ...more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Littler

Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

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On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Amundsen Davis LLC

OSHA—Critical Updates for 2023 & 2024

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OSHA has been particularly busy and aggressive lately, making good on Biden Administration promises and talking points—hiring more inspectors, appointing new administrators, conducting more inspections, aggressively issuing...more

Maynard Nexsen

OSHA Issues Heat Hazard Alert and Warns of Increased Enforcement

Maynard Nexsen on

On July 27, 2023, the Occupational Safety and Health Administration (OSHA) announced a Heat Hazard Alert, warning employers that it will carry out more inspections in “high-risk industries like construction and agriculture”...more

Littler

OSHA Launches Nationwide Program Focusing on Workplace Falls

Littler on

On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls.  For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall...more

Fisher Phillips

Employers Take Notice! 4 Questions to Consider After OSHA Cites Security Company for Active Shooter Incident

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The unfortunate uptick in active shooter events has led federal workplace safety officials to focus their sights on employers and whether they should be held responsible for the results of tragic events on their premises....more

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

OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will...more

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

California Unleashes Last-Minute Onslaught of New Employment Legislation

​​​​​​​On September 29 and 30, 2022, Governor Gavin Newsom signed more than one hundred new pieces of legislation, several of which directly affect California employers. In addition to several California Division of...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2022 Edition

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This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Jackson Lewis P.C.

Cal/OSHA Proposes an All-Industry Workplace Violence Prevention Standard. Are You Ready?

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It may come as a surprise to some, but Cal/OSHA’s workplace violence regulations currently apply only to the Health Care Industry. Cal/OSHA plans to change that. Right now, for non-healthcare industries, Cal/OSHA regulates...more

Akerman LLP - HR Defense

Keep Cool: OSHA Targeting Heat-Related Injuries in the Workplace

Last year was the deadliest weather year in a decade for the contiguous United States, according to the National Oceanic and Atmospheric Administration, and climatologists predict that 2022 will be the hottest year on record....more

Stinson LLP

Biden Administration Announces Heat-Related Hazard Inspection Initiative, Upcoming Rulemaking

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As part of the Biden Administration's efforts to protect workers, the White House announced formal efforts to address heat-related illnesses. The first step is OSHA's recent memo establishing an enforcement initiative to...more

Fisher Phillips

OSHA Signals More COVID-19 Inspections Are Coming: 5 Steps For Employers To Prepare For The National Emphasis Program

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A recent move by the federal workplace safety watchdog agency means that you should prepare for more COVID-19-related OSHA inspections this spring and summer. On March 12, the Occupational Safety and Health Administration...more

Jackson Lewis P.C.

Cal OSHA Offers Additional Guidance For Its COVID-19 Emergency Temporary Standards: Testing Sites And Scope Of Coverage

Jackson Lewis P.C. on

It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new...more

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

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these...more

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

New Unemployment Executive Order Gives Benefits to Workers Who Fear COVID-19 at Work

In his first days in office, President Joseph R. Biden Jr. issued a flurry of executive orders. Notably, President Biden instructed the U.S. Department of Labor (DOL) to issue new instructions to state unemployment agencies...more

Akerman LLP - HR Defense

COVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure

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The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...more

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

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Fisher Phillips

Virginia Creates Nation’s First Mandatory COVID-19 Workplace Safety Rules Effective July 27 – Look For Other States To Follow Suit...

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Virginia just adopted the nation’s first enforceable regulatory mandate regarding COVID-19 safety measures in the workplace. While the emergency standard adopted today by the Virginia Safety and Health Code Board will only be...more

Dorsey & Whitney LLP

COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation?

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Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies... ...more

McManis Faulkner

Hazard Pay During COVID-19 – Who May Be Entitled And What To Do Next

McManis Faulkner on

The current COVID-19 crisis has many employees asking (if not demanding) that they receive additional compensation for work that may put them at an increased risk of exposure to the coronavirus.[i]  Although their requests...more

Littler

Occupational Safety and Health Administration: 2019 in Review

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As 2019 comes to a close, the Occupational Safety and Health Administration (OSHA) remains active both on the regulatory and enforcement fronts, so employers must continue to be vigilant and proactive on their safety and...more

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