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Littler

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

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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

Littler

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

Littler on

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

Seyfarth Shaw LLP on

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

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

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?

Jackson Lewis P.C. on

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

Stinson LLP on

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

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

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

Littler

Occupational Safety and Health Administration: 2019 in Review

Littler on

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

Beveridge & Diamond PC

OSHA Implements New System for Measuring Enforcement Activity

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Beginning this month, OSHA will be using a new system to weigh and measure enforcement activity in order for the Agency to (1) more accurately allocate resources required to perform enforcement related activities, and (2)...more

Jones Day

Anxiety From Asbestos Exposure: French Compensation Model Extended to Other Toxic Substances - The French Supreme Court (Cour de...

Jones Day on

In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants...more

Fisher Phillips

OSHA Warns Fines Must Be Paid Or You (Individually) May Face “18 And Life”

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Ever wonder what the Occupational Safety and Health Administration (OSHA) would do if an employer refused to pay a fine? We just found out, and it’s not just the employer that needs to be concerned. After a New Jersey-based...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Stoel Rives - World of Employment

OSHA Web Alert: New Enforcement Policy Places Respiratory Hazards Under Employer’s “General Duty”

A new enforcement policy from the Occupational Safety and Health Administration (“OSHA”) states employers may face citations for subjecting their employees to hazardous air contaminants even if the levels are below or not...more

Robinson+Cole Manufacturing Law Blog

OSHA Launches New Inspection Targeting Program

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and...more

Littler

Federal Court Limits Scope of OSHA Inspection Authority

Littler on

On October 9, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court decision to limit the scope of an inspection sought by the Occupational Safety and Health Administration (OSHA). In this...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

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

Fisher Phillips

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

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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

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