Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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Winter is Coming: Tips for Cold Weather Work and Avoiding Hazards

Goldberg Segalla·

As the seasons begin to change, winter weather creates hazardous worksite conditions. Winter brings snow, ice, wind chills, and persistent temperatures below freezing. Workers, as well as supervisors and employers, need to take winter safety into consideration throughout everyday worksite duties. In

Trump Officially Nominates Scalia to Head DOL

Jackson Lewis P.C.·

On Tuesday, President Trump formally nominated Eugene Scalia to serve as Secretary of Labor. Gene Scalia is the son of late Supreme Court Justice Antonin Scalia. Scalia has prior experience with the Department of Labor where he served as solicitor (chief attorney) under an appointment by former Pres

OSHA and the Roofing Industry: Fall Protection

Goldberg Segalla·

The duty to have fall protection in construction (OSHA section 1926.501) regularly tops the list of most frequently cited OSHA standards following workplace inspections. When it comes to the roofing industry, however, fall protection—though of paramount importance—is not the only requirement for an

Turning up the Heat on Employers

Goldberg Segalla·

It’s hot outside. The rising temperature has implications for employers, specifically the responsibility to monitor employee health.

Send in the Drones: An Overview of OSHA’s Drone Inspection Policy

Goldberg Segalla·

In December 2018, it was discovered that OSHA had put procedures in place to allow for the use of unmanned aircraft systems (better known as drones) for compliance inspections. In 2019, OSHA has reportedly conducted drone inspections on at least nine worksites and, with the increased prevalence of d

Next Generation Robotics and Workplace Health and Safety – How Businesses Safely Adopt Through Assessment and Prevention of Related Hazards

Littler·

Natalie Pierce, co-chair of Littler’s Robotics, AI and Automation Practice group, and Alka Ramchandani Raj, Of Counsel member of the Workplace Safety and Health practice group, discuss how the use of robotics is affecting workplace safety and health. Natalie and Alka explain that while workplace rep

It’s Summer and I Have Nothing to Wear: Personal Protective Equipment and Summer Dress Codes

Goldberg Segalla·

Summer is ghere, and so is the sun. That means many people will try to stay cool while working and many businesses relax dress codes to allow for shorts and sandals. But workplace hazards do not take a summer vacation, and the hot weather also brings its own dangers.

House Democrats Propose Bill Requiring Workplace Heat Standard

Jackson Lewis P.C.·

On July 10, 2019, U.S. House of Representatives Democrats released a bill that, if passed, would require OSHA to develop a federal standard on workplace heat stress. Under the proposed bill, OSHA would have two years to propose a heat protection standard to protect both indoor and outdoor workers.

Workplace Safety And Summer Heat

Maynard Nexsen·

Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat stroke. Liability can arise whether work is being done outside in construction, landscaping, and agriculture, or i

OSHA Issues Long-Awaited Standards Improvement Project IV Final Rule

Littler·

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 burdens while maintaining or enhancing worker safety and health, the updated

The Intersection of Workers’ Compensation and OSHA: Look Both Ways Before Crossing

Goldberg Segalla·

In many ways, workers’ compensation (WC) and the OSHA are very different. WC is a statutory compensation scheme designed to limit an employer’s liability in exchange for more expedient payment of medical expenses, wage replacement, and death benefits.

Drug Testing & Safety Incentive Rulemaking on Long Term Regulatory Agenda for OSHA

Jackson Lewis P.C.·

It’s that time of year again…when federal agencies, including OSHA, tell us what is on the horizon for rulemaking activity. This week the spring semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under a

OSHA Requests Information on Potential Changes to Lockout/Tagout Standard Including Addressing Robotic Technology

Jackson Lewis P.C.·

OSHA’s Lockout/Tagout Standard at 29 C.F.R. 1910.147 regulates the control of exposure to unexpected energization during service and maintenance on machines or equipment. On May 18, 2019, OSHA issued a Request for Information (RFI) seeking “information regarding two areas where modernizing the Locko

OSHA Citation of Employer For Failing to Do More to Prevent Workplace Violence Upheld

Maynard Nexsen·

In December 2012, a “service coordinator” (similar to a community service worker and home health worker) employed by Integra Health Management Inc. was fatally stabbed during a home visit to one of the company’s clients.

House Pushes OSHA to Create a Standard Concerning Workplace Violence in the Healthcare Sector

Jackson Lewis P.C.·

Members of the House of Representatives recently introduced legislation that would require the Department of Labor (“DOL”) to promulgate a standard addressing workplace violence in the healthcare and social service industries. Under the bill, the standard would need to include requirements for emplo

Review Commission Down to One Commissioner. With No Quorum, Decisions Come to a Halt.

Jackson Lewis P.C.·

In 2018 and the early part of 2019, there has been a flurry of interesting decisions from the Occupational Safety and Health Review Commission (“Commission”). The decisions have ranged from a case clarifying Secretary of Labor’s burden for a repeat citation to two decisions on the general duty claus

The Heat is Off... Review Commission Reverses Decision in Heat Stress Case

Jackson Lewis P.C.·

On February 28, 2019, the Occupational Safety and Health Review Commission (OSHRC) issued a much anticipated decision in the case of Secretary of Labor v. A.H. Sturgill Roofing, Inc.

Safety First! A Review of Pending California OSHA Bills and Regulations

Littler·

Alka Ramchandani-Raj and Corinn Jackson with Littler’s Workplace Policy Institute dive into the numerous regulations and bills pending in California concerning workplace safety and health. Alka offers both background of existing law and analysis of the safety measures, including proposals about lead

Voluntary Internal Safety Audits: “Do’s” and “Don’ts”

Goldberg Segalla·

There is no disputing that taking a proactive approach to safety and ensuring compliance within your company is not only prudent – but critical – for employers. It is equally critical, however, that employers understand the benefits and potential liabilities that initiating these measures can create

OSHA Requests Information for Use of Powered Industrial Trucks in Maritime, Construction and General Industry

Jackson Lewis P.C.·

On March 11, 2019, OSHA issued a Request for Information (RFI) in the Federal Register seeking comments and information from stakeholders regarding the use of powered industrial trucks (PITs) for maritime (1915.120, 1917.43, 1918.65) construction, (1926.602(c), (d)), and general industries (1910.178