Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA 300A Summaries Should be Completed and Posted by Now

Maynard Nexsen·

The 300A log summarizes any work-related injuries and illnesses employees experienced during 2016, and it must be completed and posted even if no injuries or illnesses occurred during the year.

Establish a Strong OSHA Defense Before an Inspector Shows Up

Goldberg Segalla·

In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say why he or she is there, and then ask for your consent to conduct an inspection. The actual inspection and a closing conference will follow, along with

OSHA Issues Final Rule to Protect Workers from Beryllium Exposure

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has issued a final rule “to prevent chronic beryllium disease and lung cancer” in workers by limiting their exposure to beryllium and beryllium compounds. Beryllium and beryllium compounds are used in the aerospace, shipyard, electronics, energy, tel

OSHA Emphasizes Worker Safety in Sustainability

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has argued in a new “white paper” that employers should include worker safety as part of their “sustainability” calculations.

OSHA Mandates That Certain Employers Report Accidents Electronically

Goldberg Segalla·

Effective January 1, 2017, OSHA requires that establishments with 20 to 249 employees in certain high-risk industries, including construction, manufacturing and building material and supplies dealers, submit their injury and illness summary (Form 300A) data to it electronically. Their 2016 Form 300A

Farewell Dr. Michaels

Jackson Lewis P.C.·

Dr. David Michaels, the Assistant Secretary for OSHA, announced that today, January 10th, would be his last day with the agency. He will be returning to academia at George Washington University beginning January 17th. And, on this last day, he continued what has been a very aggressive regulatory age

OSHA Requests Information on Prevention of Workplace Violence in Healthcare and Social Assistance

Jackson Lewis P.C.·

In the face of mounting evidence of the widespread extent of workplace violence in the healthcare and social assistance sector, OSHA announced in the Federal Register on December 7th, 2016, that it is assessing the need for “a standard aimed at preventing workplace violence in healthcare and social

OSHA Finally Issues Walking-Working Surfaces Rule

Jackson Lewis P.C.·

On November 17, 2016, OSHA issued a final rule revising and updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The final rule includes revised and new provisions addressing fixed ladders, rope descent systems, and fall protection systems. The r

OSHA Anti-Retaliation Rule Will Take Effect December 1

FordHarrison·

Executive Summary: A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule (collectively TEXO) argued that it would unlawfully proh

Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule

Littler·

On a very limited legal basis, a federal district court has declined to enjoin the U.S. Occupational Safety and Health Administration from enforcing portions of its new recordkeeping rule related to potentially retaliatory post-accident drug testing and safety incentive programs. Published on May 12

OSHA Wants Public Assistance with Leading Indicators Guidance

Jackson Lewis P.C.·

The next version of Occupational Safety and Health Administration’s annual voluntary guidance cataloging measures for improving safety and health in the workplace may include insights from the public. For the first time ever, OSHA wants assistance from the public to identify the “leading indicators.

OSHA Updates Guidelines for Safety and Health Programs

Goldberg Segalla·

OSHA first released its “Guidelines for Safety and Health Programs” 30 years ago. Since then, the workplace has changed so much that it can, in some ways, appear unrecognizable from days gone by. OSHA has therefore recently updated its guidelines to address both these changes and the accompanying sa

OSHA Issues New Guidelines for Safety and Health Programs

Jackson Lewis P.C.·

In its first comprehensive changes in 30 years, the Occupational Safety and Health Administration has updated its Guidelines for Safety and Health Programs to reflect “changes in the economy, workplaces, and evolving safety and health issues.”

OSHA Issues Guidance Memo on Incentive, Disciplinary, and Drug-Testing Programs

Jones Walker LLP·

On October 19, 2016, OSHA published a memo advising the new provisions of Section 1904.35, which require employers to set up reasonable procedures for reporting workplace injuries/illnesses and prohibit employers from retaliating against employees who reported work place injuries/illnesses. The memo

Dr. Michaels To Leave OSHA in January

Jackson Lewis P.C.·

Dr. Michaels, an epidemiologist and professor at George Washington University School of Public Health, was appointed as the 12th Assistant Secretary of Labor for Occupational Safety and Health in December, 2009. Having served seven years with OSHA, Dr. Michaels is the longest serving Assistant Secre

OSHA’s 2016 Top Ten Violations

Jackson Lewis P.C.·

OSHA recently released its preliminary annual list of the top ten safety and health violations cited for fiscal year 2016. While not anticipated to change much, a more final list will be completed closer to the end of 2016.

OSHA Quietly Issues Guidance on Incentive Programs, Disciplinary Programs and Drug-Testing Programs

Jackson Lewis P.C.·

On October 19, 2016, OSHA published a memorandum interpreting the new anti-retaliation provisions in Section 1904.35 as part of the new final rule – “Improve Tracking of Workplace of Injuries and Illnesses.” In conjunction with the memorandum, OSHA also provided example scenarios of incentive, disci

OSHA’s Walking-Working Surfaces Final Rule Expected Soon

Jackson Lewis P.C.·

Last week, OSHA’s proposed rule for Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems) in General Industry (Subpart D and Subpart I) cleared the White House Office of Management and Budget (OMB), signaling the forthcoming final publication by OSHA.

U.S. Court of Appeals Blocks New OSHA Fertilizer Rules Because of Improper Rulemaking

Jackson Lewis P.C.·

The Occupational Safety and Health Administration failed to go through the proper rulemaking process before mandating retailers to implement new stricter storage standards for anhydrous ammonia fertilizer, the U.S. Court of Appeals for the D.C. Circuit has ruled. Agricultural Retailers Association a

OSHA and DOT Issue Joint Memorandum on Hazardous Chemicals

Jackson Lewis P.C.·

In July 2015, OSHA issued a Directive on the revised Hazard Communication Standard (“HCS”), Inspection Procedures for the Hazard Communication Standard (HCS 2012), CPL 02-02-079. In that Directive OSHA provided guidance on the interplay between labeling under the HCS and other federal agencies, spec