Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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11th Circuit Upholds Mining Agency’s Coal Dust Rule, Phase-In Continues

Jackson Lewis P.C.·

The Mine Safety and Health Administration may continue phasing-in its new coal dust rules, a three-judge panel of the Eleventh Circuit Court of Appeals has decided, relying on what it called a “holistic interpretation” of the Mine Act to uphold MSHA’s new rules. National Mining Association, et al. v

Judge Vacates Citations for Alleged Slack in Steering Mechanisms of Mine Vehicles

Jackson Lewis P.C.·

Finding evidence presented by a mine inspector to be “too vague and conclusory,” an Administrative Law Judge (ALJ) has vacated two citations against a Tennessee stone producer over allegedly excessive slack in the steering mechanisms on two haul trucks.

OSHA May Have Given Up on Combustible Dust Rule before End of Obama Administration

Jackson Lewis P.C.·

The Occupational Safety and Health Administration may have thrown in the towel on issuing a general industry regulation for combustible dust before the end of the Obama Administration in January 2017.

Groundbreaking OSHA Developments in 2015 to Directly Impact 2016 — and Beyond

Goldberg Segalla·

As is often the case, the year’s end signals an opportunity to look back and reflect on significant developments that have occurred, to turn one’s attention forward – and to think ahead. This annual focus can relate to almost anything, including politics, entertainment, your health, your family, and

OSHA Launches the Serious Event Reporting Online Form

Jackson Lewis P.C.·

On January 1, 2015, the new injury and illness reporting requirements went into effect requiring employers to report to OSHA fatalities as a result of a work-related incident within 8 hours, and in-patient hospitalizations, amputations, or loss of an eye as a result of a work-related incident within

OSHA and FAA Agree to Increased Cooperation and Information Sharing to Protect Aviation Whistleblowers

Jackson Lewis P.C.·

The Occupational Safety and Health Administration and the Federal Aviation Administration have executed a memorandum of understanding (MOU) regarding the enforcement of the whistleblower provisions in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) (49 U.S.C. § 4

OSHA Sends Respirable Crystalline Silica Rule to OMB for Final Review

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has sent its comprehensive rule governing worker exposure to respirable crystalline silica to the White House’s Office of Management and Budget for final review.

Feds Launch Initiative to Toughen Penalties for Worker Safety Violations

Jackson Lewis P.C.·

In a new enforcement effort involving the Occupational Safety and Health Administration and the Mine Safety and Health Administration, the federal government is launching an initiative aimed at putting more bite into penalties for alleged worker safety violations.

OSHA Teams Up with Department of Justice to Utilize Criminal Prosecution to Protect Worker Safety

Goldberg Segalla·

The United State Department of Justice and the United States Department of Labor have entered into a Memorandum of Understanding to provide for the coordination of matters pertaining to worker safety that could lead to criminal prosecution by the Department of Justice. Under the Memorandum, the U.S.

OSHA and MSHA Criminal Prosecutions – DOJ Announces New Procedures After CEO Verdict

Littler·

On December 17, 2015, the U.S. Departments of Justice (DOJ) and Labor (DOL) announced a new memorandum of understanding (MOU) to increase the frequency and effectiveness of criminal prosecutions of so-called worker endangerment statutes. The MOU transfers the prosecution of violations of some statut

Top Five OSHA Changes to Watch for in 2016

Jackson Lewis P.C.·

The last year of President Obama’s administration is fast approaching and 2016 looks to be a busy time for the Occupational Safety and Health Administration (OSHA), as it attempts to finalize significant rulemakings and guidance documents.

OSHA Holds Public Meeting on its New Voluntary Safety and Health Program Management Guidelines

Jackson Lewis P.C.·

On December 9, 2015 OSHA held a public meeting at the Department of Labor in Washington, D.C. to discuss its revised Safety and Health Program Management Guidelines, which are voluntary guidelines for employers. Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, led

Commercial Drivers Get Added Protection against Coercion in New FMCSA Rule

Jackson Lewis P.C.·

A regulation issued by the Federal Motor Carrier Safety Administration (FMCSA) will give commercial truck and bus drivers additional protection from being coerced into violating federal motor carrier safety regulations. The rule, which was proposed in May 2014, goes into effect on January 29, 2016.

OSHA Gets Authorization to Boost Penalty Amounts

Jackson Lewis P.C.·

As expected, the Occupational Safety and Health Administration is pleased that agency fines will be going up as much as 82 percent next year, even though the authorization from Congress in a budget bill was unexpected.

Sparse Regulatory Agenda Belies Coming Final MSHA Rule on Civil Penalties By Mark Savit

Jackson Lewis P.C.·

The good news is that the Mine Safety and Health Administration has set forth a sparse regulatory agenda over the next six months, but the bad news is that agenda is topped by the agency’s intent to issue an unpopular final rule reforming its civil penalty procedures.

OSHA Rule Makers to be Busy in First Half of 2016

Jackson Lewis P.C.·

The first six months of the new year will be busy ones for the Occupational Safety and Health Administration if rules included in the agency’s semi-annual regulatory agenda are released as scheduled.

OSHA Launches Webpage Addressing Preventing Workplace Violence in Healthcare

Jackson Lewis P.C.·

The federal Occupational Safety and Health Administration has launched a webpage to provide employers and workers with strategies and resources for preventing workplace violence in healthcare settings.

OSHA Seeks Comment on New OSHA Safety and Health Management Program Guidelines

Jackson Lewis P.C.·

The Occupational Safety and Health Administration is asking for stakeholder input on revised safety and health management guidelines that employers may adopt voluntarily. The draft guidelines (https://www.osha.gov/shpmguidelines/SHPM_guidelines.pdf) update the agency’s 1989 safety and health program

Mine Case Highlights Shortcomings in Part 50 Audits of Occupational Injury and Illness Reporting

Jackson Lewis P.C.·

Issues with the the Mine Safety and Health Administration’s auditing of agency occupational injury and illness reporting mandates were exposed in a case in which an Administrative Law Judge threw out six citations because he said they failed to satisfy requirements of the regulation.

OSHA Brings Sharper Focus to Battling Occupational Lung Disease

Goldberg Segalla·

Construction workers, coal miners, foundry workers, and stone cutters inhale tiny bits of dust on a daily basis. The dust penetrates their lungs and over time their lungs scar over. This results in a broad range of health issues, including silicosis, pneumoconiosis (black lung), chronic beryllium di