Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA Launches Preventing Workplace Violence in Healthcare Webpage

Jackson Lewis P.C.·

OSHA launched a new Preventing Workplace Violence in Healthcare webpage this week. It contains several new tools and resources to help healthcare facilities combat workplace violence, including:

OSHA Law Blog Live: OSHA’s New Safety and Health Program Management Guidelines

Jackson Lewis P.C.·

This podcast discusses OSHA’s updated guidelines on safety and health management programs, which have been put out for public comment

Imminent Danger Rulings Reveal Divergent Opinions Among Commissioners

Jackson Lewis P.C.·

A ruling that went against an Alabama underground coal operator has revealed sharp differences among members of the Federal Mine Safety and Health Review Commission over the interpretation of a safety standard dealing with imminent danger.

OSHA Provides Retailers With Crowd Management Safety Guidelines During Holiday Season

Goldberg Segalla·

The Holiday Season is definitely upon us. Thanksgiving is only hours away. And while many of us make our last minute preparations for that big turkey dinner and the inevitable tryptophan-induced nap in front of the television, retailers are preparing themselves for one of the biggest shopping days o

OSHA Anticipates Issuing Several New Final Rules in Early 2016

Jackson Lewis P.C.·

On November 20, 2015 the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departm

OSHA Law Blog Live: OSHA’s Regulatory Agenda is Out!

Jackson Lewis P.C.·

The preliminary schedule is out! Listen to this brief podcast to find out the estimated dates for OSHA’s final rules on crystalline silica and electronic recordkeeping.

MSHA Directs Enforcement Attention to Hazards of Confined Spaces

Jackson Lewis P.C.·

Citing a recent occupational death and serious accident, the Mine Safety and Health Administration said it will be enforcing safety standards over the next several months in the Metal/Non-Metal (M/NM) sector of mining to try to prevent accidents associated with confined spaces.

OSHA targets more manufacturing industries for amputation inspections

Goldberg Segalla·

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries, primarily in manufacturing, that are targeted for inspection based on the high number of amputations that have occurred in those ind

Who is Responsible for Recording Injuries and Illnesses of Temporary Workers?

Jackson Lewis P.C.·

OSHA is being criticized for a recent interpretation letter clarifying who is responsible for recording illnesses and injuries in what the agency considers a “joint employer relationship” where supervision is shared between a host employer and a staffing agency. In deciding whether the host employer

Commission to Test OSHA’s Use of Its General Duty Clause for Enforcement

Jackson Lewis P.C.·

The quasi-judicial body overseeing enforcement actions by the Occupational Safety and Health Administration has handed OSHA another challenge to the agency’s nascent use of guidance documents as the basis for issuing citations, rather than relying on legally promulgated standards.

OSHA Request Public Comment on Whistleblower Guidance Document

Jackson Lewis P.C.·

Recognizing that “an ounce of prevention is worth a pound of cure”, OSHA introduced last week its draft document, “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation” (available here). In the draft document, OSHA identifies these five key steps t

State OSHA Programs Can Be Significant Source of Big Fines

Jackson Lewis P.C.·

While big penalties levied by the federal Occupational Safety and Health Administration dominate the headlines, monetary fines imposed by health and safety agencies in states backed by OSHA can be significant, too.

OSHA Issues Updated Version of Its Field Operations Manual

Goldberg Segalla·

Last month, OSHA issued the latest update to its Field Operations Manual (FOM), the most recent update since a prior update in 2009. Significantly, OSHA’s FOM serves as a reference document for OSHA field personnel, providing enforcement policies and procedures relating to OSHA investigations and en

OSHA Penalties Going Up?

Jackson Lewis P.C.·

The Bipartisan Budget Act of 2015 contains a few surprises for employers covered by the OSH Act. To date, OSHA’s monetary penalties have not been subject to inflationary increases and, in fact, have been static since 1990. The proposed “Federal Civil Penalties Inflation Adjustment Act Improvement Ac

OSHA Launches Regional Emphasis Program in Southern States Aimed at Protecting Poultry Workers

Goldberg Segalla·

In view of Bureau of Labor Statistics (BLS) that poultry workers are twice as likely to suffer serious injuries and six times more likely to get sick on the job than other private sector workers, OSHA launched a new Regional Emphasis Program last week to reduce musculoskeletal disorders and ergonomi

MSHA Steps Up Metal/Non-Metal Mine Enforcement and Focuses on Workplace Examinations as Winter Approaches

Jackson Lewis P.C.·

Citing an increase in the number of fatalities at non-coal mines and the coming of cooler weather, the Mine Safety and Health Administration has announced a stepped-up enforcement to combat hazards and fatality risks.

House Lawmakers Grill OSHA Administrator on Enforcement Issues

Jackson Lewis P.C.·

At a House subcommittee hearing on October 7, the head of the Occupational Safety and Health Administration, Dr. David Michaels, faced a grilling from Republican lawmakers over recently issued guidance memoranda for agency inspectors and examples of allegedly over-the-top enforcement actions.

Safety incentive programs: Ready or not, here comes OSHA!

Jackson Lewis P.C.·

For the last several years, OSHA has expressed concerns regarding a host of employer practices it believes may result in underreporting of injuries and illnesses as depicted by several recent high-profile cases of alleged employer underreporting. Heightening OSHA’s interest is the position taken by

Surface Transportation Board Backs Railroad’s Denial of Service during Labor Dispute

Jackson Lewis P.C.·

The Surface Transportation Board (STB) has denied a petition by a Texas metal producer that, if approved, would have forced the Union Pacific Railroad Co. (UP) to restore rail service at the producer’s plant in the midst of an employee lockout. The STB is an economic and adjudicatory body affiliated

Flooding, Storm Cleanup, and OSHA

Maynard Nexsen·

As the Midlands recovers from the effects of widespread flooding, and as rain-swollen rivers reach the coastal portions of the South Carolina, Federal OSHA and SC OSHA have issued warnings about potential hazards encountered in connection with flooding and storm cleanup.