News & Analysis as of

Workplace Hazards Corporate Counsel Occupational Safety and Health Administration

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

Amundsen Davis LLC

OSHA—Critical Updates for 2023 & 2024

Amundsen Davis LLC on

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

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

Fisher Phillips

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

Fisher Phillips on

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

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

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

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

Fisher Phillips

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

Fisher Phillips on

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

Littler

OSHA Issues Long-Awaited Standards Improvement Project IV Final Rule

Littler on

On May 14, 2019, OSHA issued a final rule as part of its ongoing Standards Improvement Project (SIP). The final rule is set to go into effect on July 15, 2019. Consistent with the project’s rationale of reducing regulatory...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.

Fisher Phillips on

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

Littler

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

Littler on

On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more

Saul Ewing LLP

Foreman’s Ignorance of OSHA Rules is No Defense to “Willful” Violation

Saul Ewing LLP on

A recent decision by the Eleventh Circuit held that the Occupational Health and Safety Administration (OSHA) was justified in assessing a “willful” safety violation–the agency’s most serious citation­–against an HVAC...more

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