Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA Delays Crane Operator Certification Deadline

Jackson Lewis P.C.·

The compliance date for an Occupational Safety and Health Administration rule requiring construction crane operators be certified by a third-party evaluator and designated as “qualified” will be delayed, the agency announced on May 22, 2017.

Trump Nominates Sullivan for Last Vacant Seat on Occupational Safety and Health Review Commission

Jackson Lewis P.C.·

President Donald Trump has nominated attorney James Sullivan to the U.S. Occupational Safety and Health Review Commission (OSHRC) to fill the remaining vacancy on the three-member commission.

OSHA Issues Chemical Process Safety Management Reports for Small Businesses and Storage Facilities

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has issued two reports on the safe management of hazards by small businesses and storage facilities that use highly hazardous chemicals in business processes.

Two Massachusetts Companies Operated as Single Employer, OSHA Judge Finds, Upholds Citations

Jackson Lewis P.C.·

Two Massachusetts contractors were operating as a single employer at a worksite in Massachusetts when at least two employees of a roofing crew fell from a wooden plank in October 2014, an Occupational Safety and Health Review Commission administrative law judge has ruled.

Occupational Safety and Health Review Commissioner Heather MacDougall Nominated for Second Term

Jackson Lewis P.C.·

President Donald Trump has nominated Heather L. MacDougall, current Acting Chairman of the Occupational Safety and Health Review Commission, to continue as a Commissioner for a second term.

OSHA Rescinds Union Walk Around Letter

Jackson Lewis P.C.·

In February 2013, OSHA issued an interpretation letter in response to a request from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, which clarified that employees at a non-union worksite could elect to have a non-employ

OSHA Interviews: Understanding and Exercising Your Rights

Goldberg Segalla·

Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner.” While employers have some level of protection since the mandate specifical

OSHA Launches Campaign on Young Worker Safety

Jackson Lewis P.C.·

Promoting the message, “Young workers! You have rights!” the Occupational Safety and Health Administration has launched a campaign on workplace safety among youth workers.

OSHA Issues First Enforcement Action Press Release Since Start of Trump Administration

Jackson Lewis P.C.·

Until day 82 of the Trump Administration, renewed partnerships and “guidance” for employers to improve workplace safety have been the subjects of the Occupational Safety and Health Administration’s announcements. On April 12, 2017, OSHA announced that it has cited Atlantic Drain of Boston for willfu

OSHA Launches Campaign to Prevent Falls in Construction Industry

Jackson Lewis P.C.·

Fatalities from falls continue to be a leading cause of death in the construction industry, and the Occupational Safety and Health Administration is focusing on the dangers with its “Stand-Down” campaign on fall prevention. The annual campaign, scheduled for May 8 to May 12 this year, is to put the

It’s Official...OSHA’s “Volks” Rule is Invalidated

Jackson Lewis P.C.·

Yesterday President Trump signed H.J. Res 83, which finalized the Congressional Review Act (“CRA”) process and nullified OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as the “Volks”

Senate Votes to Repeal OSHA ‘Volks’ Recordkeeping Rule

Jackson Lewis P.C.·

In a move that President Donald Trump is expected to approve, the Senate has voted to repeal a Labor Department rule that allows the Occupational Safety and Health Administration (OSHA) to sanction employers for “failing to make and maintain injury and illness records” beyond the six-month statute o

Top 10 OSHA Citations for 2016

Maynard Nexsen·

The federal Occupational Safety and Health Administration publishes a list annually of its top 10 most frequently cited alleged violations. The list changes little from year to year, but it is worthwhile for employers to review the list and consider whether extra attention should be paid to specific

OSHA’s Volks Rule Overturned by Congressional Review Act

Jackson Lewis P.C.·

Late today, the Senate voted 50-48 to adopt H.J. Res 83, nullifying OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as the “Volks” rule.

House of Representatives Votes to Block OSHA Recordkeeping Rule

Jackson Lewis P.C.·

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and I

OSHA Will Partner with Labor Organizations, Trade Associations, and Individual Employers to Train and Protect Workers

Goldberg Segalla·

OSHA’s Strategic Partnership Program (OSPP) for Worker Safety and Health is a federal initiative that seeks to reduce occupational fatalities, injuries, and illnesses as well as improve worker protections by engaging labor organizations, employer groups, individual employers and others in formal, co

Senate Votes to Disapprove Obama-Era Fair Pay and Safe Workplaces Executive Order

Jackson Lewis P.C.·

The U.S. Senate has passed, by a single-vote margin, a joint resolution previously passed by the U.S. House that “disapproves” President Barack Obama’s 2014 Executive Order 13673: Fair Pay and Safe Workplaces, often called the “blacklisting” executive order. (For more on Executive Order 13673, see o

OSHA Identifies 10 Most Cited Safety and Health Violations

Jackson Lewis P.C.·

The Occupational and Safety and Health Administration released a preliminary list of the 10 most frequently cited safety and health violations for 2016, compiled from about 32,000 inspections of workplaces by federal OSHA staff.

Signs that OSHA Priorities are Shifting Under the Trump Administration?

Jackson Lewis P.C.·

There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data with OSHA as well as heightens scrutiny related to both drug testing and saf

What to Expect from OSHA Under President Trump

Maynard Nexsen·

Republican administrations tend to put more emphasis on helping employers comply with Occupational Safety and Health Administration requirements than on punitive enforcement actions. President Trump is familiar with OSHA because contractors on his construction sites have had run-ins with the agency,