Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA Issues New Spring Regulatory Agenda

Jackson Lewis P.C.·

It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. On May 18, 2016 the spring semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration fo

OSHA Adds Chapter on Fall Protection to its Technical Manual

Goldberg Segalla·

The OSHA Technical Manual (OTM) provides information about workplace hazards and controls to OSHA’s Compliance Safety and Health Officers. The OTM is based upon currently available research, publications, OSHA Standards, and consensus standards. OSHA is adding a new chapter on fall protection to its

What OSHA’s Electronic Recordkeeping Rule Means For Workplace Post-Accident Drug and Alcohol Testing

Jackson Lewis P.C.·

Today, OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register.

New Workplace Injuries, Illnesses Rule Mandates Electronic Information Submission, Bars Retaliation

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has released “Improve Tracking of Workplace Injuries and Illnesses,” its long-anticipated final rule revising its Recording and Reporting Occupational Injuries and Illnesses regulation.

OSHA, NIOSH Release Joint Guidance on Zika Virus Prevention

Jackson Lewis P.C.·

Federal government agencies have released interim guidance to provide employers and workers information and advice on preventing occupational exposure to the Zika virus.

Centers for Disease Control and Prevention Revises Guidance on Heat and Hot Environments

Jackson Lewis P.C.·

In the first revision in 30 years of its criteria document on workers’ exposure to heat and hot environments, the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention removed ceiling limit recommendations for acclimatized and un-acclimated workers,

OSHA Lauds Success of Reporting Rule While Threatening Tough Consequences for Noncompliance

Jackson Lewis P.C.·

The Occupational Safety and Health Administration finds that its new severe injury reporting program is a success. It believes a large number of severe injuries still are not being reported by employers. The agency has warned that tough consequences face employers who choose to ignore the reporting

OSHA, Focusing on Meat Processing Industry, Launches Emphasis Programs for Three Midwestern States

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has launched emphasis programs in three Midwestern states in an effort to reduce injuries and illnesses that government data show have affected 7.5 percent of employees in the meat processing industry there.

OSHA Announces Sweeping Changes in Final Rule on Silica

Goldberg Segalla·

The Occupational Safety and Health Administration (OSHA) has released its final rule on occupational exposure to respirable crystalline silica.

OSHA Continues to Turn Up the Volume on Whistleblowing

Littler·

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower protections under Section 1057 of the Dodd-Frank Wall Street Reform and Consumer

Stepped-Up DOJ Enforcement Signals Intent to Increase Criminal Prosecution of Workplace Safety Violations

Goldberg Segalla·

Companies who have in the past considered OSHA penalties as a mere cost of doing business and not a significant deterrent should rethink their position and revamp their compliance programs based on recent steps taken by the Department of Justice (DOJ) which heighten the risk of non-compliance.

OSHA Issues Alert on Scissor Lifts

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has published a hazard alert explaining employer obligations and outlining preventive steps for avoiding hazards when workers use scissor lifts.

Looking Beyond OSHA for Fall Safety Resources

Goldberg Segalla·

As OSHA gears up for its yearly National Safety Stand Down to prevent falls in the construction industry, one can expect there to be an increase in available fall related information and resources. With each year’s initiative, OSHA provides substantial guidance for both employers and employees regar

Defective Loader Moves Too Slowly to Cause Injury, Judge Says, Finding Mine Violation Not Serious

Jackson Lewis P.C.·

Although a defective piece of mobile equipment, which was restored to service, improperly moved despite the inactivation of the equipment, it did so too slowly to make an injury reasonably likely, an administrative law judge (ALJ) has ruled.

OSHA, FCC Closing in on Best Safety Practices for Communications Tower Workers

Jackson Lewis P.C.·

Training and education were highlighted as key concerns of participants at a February 11 workshop called by the Occupational Safety and Health Administration and the Federal Communications Commission to discuss proposed guidance for best safety practices for mobile phone and broadcast tower workers

Mine Safety Citation for Poor Illumination Not Justified, Judge Rules

Jackson Lewis P.C.·

A judge has thrown out a citation against a Tennessee rock producer for inadequate illumination because the mine safety inspector wrote the alleged offense during a daylight inspection and never established what miners were able to see in the dark. Sec’y of Labor, MSHA v. Buzzi Unicem USA, FMSHRC No

OSHA Enforcement Program Targets Midwest Manufacturing Industries

Jackson Lewis P.C.·

Manufacturing industries with elevated injury and illness rates in Kansas, Missouri, and Nebraska face an increased probability of getting a comprehensive safety and health inspection as a result of an initiative launched by the Occupational Safety and Health Administration on January 25.

Powered Truck Group Renews Alliance with OSHA

Jackson Lewis P.C.·

The Industrial Truck Association (ITA) has renewed an alliance with the Occupational Safety and Health Administration that is designed to reduce workplace incidents, such as tip-overs and struck by hazards, associated with powered industrial trucks.

Safety Milestones Set in Mining Sector in 2015

Jackson Lewis P.C.·

The Metal/Non-Metal (M/NM) sector of the U.S. mining industry achieved two first-ever milestones last year, not only by working without a fatality for 133 consecutive days — about 4.5 months — but also by doing so during October, a month which had never before been fatality-free in the M/NM sector.

Labor Board Subpoenas Allowed before OSHA Consultation

Jackson Lewis P.C.·

A divided National Labor Relations Board (NLRB) has ruled that a memorandum of understanding (MOU) between NLRB and the Occupational Safety and Health Administration over OSHA-related issues does not require NLRB’s General Counsel to consult with OSHA before issuing investigative subpoenas.