Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA Releases Updated Training Handbook For Employers

Goldberg Segalla·

Since its inception, OSHA’s mission has been to protect workers and prevent work-related injuries, illnesses, and deaths. OSHA’s standards not only regulate workplace conditions, but also dictate the necessary training requirements employers must provide their employees. These training requirements

Lawmakers Pledge Action to Curb Agency Guidance Documents

Jackson Lewis P.C.·

Under an exception to the rulemaking process, federal agencies may use legally nonbinding guidance documents to interpret regulations.

NIOSH Seeks Comment on Research Plan for Oil and Gas Industry

Jackson Lewis P.C.·

Triggered by an annual fatality rate among oil and gas exploration and production workers that for years was seven times the average for all U.S. workers, the National Institute for Occupational Safety and Health (NIOSH) has put together a draft strategic 10-year research plan to address the issue a

OSHA Moves Closer to Finalizing "Improve Tracking of Workplace Injuries and Illnesses" (Electronic Recordkeeping) Rule

Jackson Lewis P.C.·

On October 5, 2015, OSHA submitted to the Office of Information and Regulatory Affairs (OIRA), a draft final rule for OSHA’s “Improve Tracking of Workplace Injuries and Illnesses.” OIRA is the division within the President’s Office of Management and Budget (OMB) that reviews draft and final standard

OSHA Inspecting 40 Percent of Reported Injuries

Jackson Lewis P.C.·

OSHA’s new reporting requirements began on January 1, 2015. Under these requirements, employers in federal OSHA jurisdiction are required to report to OSHA any work-related fatality or any work-related injury resulting in an employee being formally admitted to the hospital or any work-related amputa

OSHA Promises Silica Rule Soon, but Its Future Remains Uncertain

Jackson Lewis P.C.·

The Occupational Safety and Health Administration has pledged to release a comprehensive final rule on crystalline silica by the end of the current Administration, in January 2017.

Rescue and Recovery Work Necessary for Valid MSHA ‘j’ Order, Commission Rules

Jackson Lewis P.C.·

Mine regulators have no statutory authority to issue emergency “j” orders for immediately safeguarding people following a mine accident unless rescue and recovery is involved, the Federal Mine Safety and Health Review Commission has ruled. Section 103(j) of the Mine Act gives the Mine Safety and Hea

Sales May Sizzle, But Keep Employees Cool

Jackson Lewis P.C.·

When the outdoor temperature tops 80 degrees Fahrenheit, the cool, air-conditioned comfort of a retail store may be a refuge for salespeople, but it is easy to forget that many other retail employees (including truck drivers, loaders, mechanics, janitors, maintenance personnel, cart attendants, and

MSHA Proposes Proximity Detection Rule for Mobile Equipment in Underground Coal Mines

Jackson Lewis P.C.·

Coal haulage machines and scoops operating in working sections of underground coal mines will be required to be outfitted with proximity detection devices on a phased-in schedule if a proposed rule issued by the Mine Safety and Health Administration is finalized.

Draft DOL Policy Lists ‘Economic Realities’ as Key OSHA Test of Joint Employer Status

Jackson Lewis P.C.·

Many more franchisors are likely to be judged to have a joint employer relationship with franchisees, subjecting them to enforcement by the Occupational Safety and Health Administration, under a draft policy reported to be circulating within the Department of Labor (DOL).

Combating Unpredictable Workplace Violence Under OSHA’s General Duty Clause

Goldberg Segalla·

On August 26, 2015, a Virginia news reporter, Alison Parker, and a photojournalist, Adam Ward, were tragically shot down by a former colleague while conducting a live television broadcast in Moneta, Virginia. The gunman was later confirmed to be a former reporter at the victims’ news station, who wa

OSHA Launches Process to Streamline Resolution of Whistleblower Complaints

Jackson Lewis P.C.·

Parties to whistleblower disputes have a new way to resolve their differences using the Occupational Safety and Health Administration’s “early resolution” process.

Judge’s Ruling in Oil and Gas Worker’s Death Could Spark Change

Jackson Lewis P.C.·

A judge’s decision to award lifetime workers’ compensation benefits to the widow of a Colorado oil and gas worker who died from toxic gases after opening a tank to measure oil levels could reverberate throughout the industry.

Laundering Responsibilities for FR Clothing

Jackson Lewis P.C.·

In an interpretation letter dated June 1, 2015, OSHA answered the question “Under OSHA regulations 29 CFR 1926.95(a) who is responsible for the laundering of fire retarding clothing that is provided to employees?” The section states that protective equipment “shall be provided, used, and maintained

OSHA Updates Its National Emphasis Program on Amputations

Jackson Lewis P.C.·

Noting that the manufacturing sector experienced more than twice the rate of amputations as that of the entire private sector in 2013, the Occupational Safety and Health Administration has updated its nine-year-old National Emphasis Program (NEP) on amputations.

Mine Safety Commission Overturns, Remands Parts of Judge’s Ruling

Jackson Lewis P.C.·

Citing its 1994 legal decision holding that the “wholesale incorporation of a litigant’s brief is a questionable judicial practice,” the Federal Mine Safety and Health Review Commission has remanded for further analysis a judge’s determinations regarding enforcement actions taken against a Virginia

OSHA Cites Newly Released Beryllium Proposal as Collaborative Effort

Jackson Lewis P.C.·

In what the Occupational Safety and Health Administration described as a collaboration among government, industry, and organized labor, the safety agency has proposed a comprehensive rule to reduce exposure to beryllium among employees in general industry.

Undaunted by Lawsuit, MSHA Boasts POV Reforms are ‘Real Game Changers’

Jackson Lewis P.C.·

Facing a lawsuit by the mining industry over a an amended rule targeting “pattern” violators of the Mine Safety and Health Administration’s (MSHA’s) safety standards, the agency has announced the revised rule is “a law that now works.”

Judge Reproaches OSHA for 'Affirmative Misconduct' over Enforcement Action

Jackson Lewis P.C.·

Vacating citations against a Texas company, an administrative judge has lambasted the Occupational Safety and Health Administration for having “fallen short of any standard of decency, honor, or reliability” by citing the company for alleged violations occurring during a period in which OSHA had agr

MSHA Kicks Off Third Initiative in 14 Months to Stem Fatality Trend

Jackson Lewis P.C.·

After two failed attempts to stop a trend showing an increased number of fatalities in the Metal/Non-Metal (M/NM) sector of mining, the Mine Safety and Health Administration has launched a third initiative — this time, clearly intending a different outcome.