Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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Lawsuit Filed Against OSHA on Walk-Arounds

Jackson Lewis P.C.·

The Occupational Safety and Health Administration overstepped its authority in expanding union representation at “walk-arounds” in non-union workplaces, the National Federation of Independent Business has alleged in a lawsuit against the agency filed in Texas. Nat’l Fed’n of Indep. Bus. v. Dougherty

OSHA Requests Information on Shipyard Safety Rules Covering Falls

Jackson Lewis P.C.·

The Occupational Safety and Health Administration is considering updating its safety standards covering falls in shipbuilding, ship repair, shipbreaking, and other shipyard-related employment and has issued a Request for Information. Comments and materials must be submitted by December 7, 2016.

OSHA Issues Report on the Impact of the Severe Injury Reporting Program

Jackson Lewis P.C.·

Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, issued a new report, discussing the results of the first year of the severe injury reporting requirements. The report concludes that the severe injury reporting program has been a big success in i

OSHA Joins the SEC in Attacking Confidentiality and Other Provisions in Private Settlement Agreements

Littler·

On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing actions.1 OSHA issued these guidelines based on its concern that certain confi

OSHA Clarifies Cranes and Derricks in Construction Standard for Moving Grave Headstones, Monuments

Jackson Lewis P.C.·

Using a crane to move headstones and small monuments is “generally” not defined as construction, but the crane operator is still responsible for stringent worker-safety rules regarding crane operations, the Occupational Safety and Health Administration has advised in response to a question from an A

OSHA’s Final Rule on Crystalline Silica Standards

Littler·

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure limits (PELs) for respirable crystalline silica. The new rule includes one sta

State Safety Plans Object to Federal OSHA Fine Increases

Jackson Lewis P.C.·

State workplace safety agencies raised objections to adopting federal Occupational Safety and Health Administration’s penalty increases in letters to the Department of Labor on OSHA’s interim final rule, Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustment. State agencies with OSHA-a

OSHA Reports Many State Programs Did Not Meet 2015 Performance Goals

Jackson Lewis P.C.·

Most state workplace safety programs did not meet performance goals, an annual report by the federal Occupational Safety and Health Administration studying 21 state programs in fiscal year 2015 has found. This is largely because of high staff turnover and insufficient federal funding in many states,

Noise Complaints Don’t Fall on Deaf Ears: OSHA Sets Out to End Workplace Noise Exposure and Related Hearing Loss

Goldberg Segalla·

Recently, OSHA, the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health teamed up to compel inventors to develop a solution to workplace noise exposure and corollary hearing loss. The trifecta endeavors to ameliorate the risk of hearing loss that 22 mi

OSHA Issues Special Zika Guidance to Employers

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has issued “interim guidance” to provide employers and workers information and advice on preventing occupational exposure to the mosquito-borne Zika virus.

Temporary Workers: Staffing Agencies Jointly Liable for OSHA Violations

Goldberg Segalla·

Concerns employers may use temporary workers as a means to fill hazardous jobs and skirt compliance with OSHA regulations, has led to OSHA holding staffing agencies jointly responsible for safety violations when temporary workers are exposed to unsafe conditions. While the extent of staffing agency

Doctor Recommendations Are Medical Treatment According to OSHA

Jackson Lewis P.C.·

In an April 2016 Interpretation Letter, which was recently made publically available, OSHA responded to a question about medical treatment beyond first aid for recordkeeping purposes. The incident in question involved an employee who experienced wrist pain after working at a computer. Before being s

OSHA Launches Summer Heat Safety Campaign

Jackson Lewis P.C.·

The Occupational Health and Safety Administration’s new campaign — “Water. Rest. Shade.” — alerts employers and workers to the hazards of working in high summer temperatures and highlights OSHA’s educational and training resources, including a free app, to help lower the risk of heat-related illness

Recent Developments From the Occupational Safety and Health Administration

Littler·

The Occupational Safety and Health Administration (OSHA) is the government agency tasked with setting and enforcing workplace safety standards. As part of the Department of Labor, OSHA has recently seen a great deal of regulatory activity. WPI Co-Chair Ilyse Schuman interviews Ben Huggett, a shareho

OSHA Penalties Increase by 78.156% Effective August 1, 2016

Littler·

The two-year bipartisan budget President Obama signed on November 2, 2015, required OSHA to raise its citation penalties for the first time in 25 years. Since 1990, OSHA has been one of only three federal agencies that were specifically exempted from a law that required federal agencies to raise the

Construction Contractor Faces Manslaughter Charge in Worker’s Death

Jackson Lewis P.C.·

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work without fall protection.

OSHA Enforcement Heats Up

Goldberg Segalla·

OSHA officials have been busy as the weather heats up and spring turned to summer. On May 20, 2016, OSHA cited BC Stucco and Stone, a construction company in Darby, Pennsylvania, for one serious violation and three willful violations. The investigation dated back to November 25, 2015 when an OSHA co

Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule

FordHarrison·

Executive Summary: The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and illnesses must be reasonable and to specifically prohibit

Heat, Lightning Hazards are Focus of Federal Safety Campaigns

Jackson Lewis P.C.·

With the arrival of summer, the Occupational Safety and Health Administration has launched initiatives to alert employers and workers to heat and lightning hazards and the steps to take to prevent injury or illness from them.

Safety Agencies Expect to Release 9 Rules This Year

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has identified seven proposals the agency hopes to release as final rules before the end of the year, while the Mine Safety and Health Administration, its sister agency within the Department of Labor, plans to issue two final rules in 2016.