OSHA - General

OSHA’s National Emphasis Program (“NEP”) on Amputations has been in effect since 2006 but on August 13th the Agency issued an updated NEP (CPL 03-00-019) that significantly expands the industries targeted for inspections. The updated NEP applies to general industry workplaces in which any machinery

The Occupational Safety and Health Administration’s efforts to address workplace violence in the healthcare industry have received a boost from a recent administrative law judge’s decision affirming OSHA citations following an employee’s death at work and, in another case, from an OSHA settlement ca

The Mine Safety and Health Administration has introduced a pair of initiatives, one in response to a recent increase in fatalities in the metal/nonmetal (M/NM) sector of mining, and the other following a report by an agency watchdog, which concluded MSHA could do more to address alleged

On July 20, 2015, OSHA published a long awaited Directive on the revised Hazard Communication Standard (“HCS”), Inspection Procedures for the Hazard Communication Standard (HCS 2012), CPL 02-02-079. The Directive is intended to provide inspection and enforcement guidance to compliance officers regar

In 2012, the U.S. Court of Appeals for the District of Columbia held that OSHA could not issue citations for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012).

OSHA has recently issued several memoranda updating guidance on its Process Safety Management (“PSM”) standard. On June 5, 2015, OSHA issued a memorandum to Regional Administrators explaining how inspectors should enforce recognized and generally accepted good engineering practices (“RAGAGEP”) requi

For what is believed to be the first time in OSHA history, a company recently was found in criminal contempt for refusal to comply with a warrant obtained by OSHA inspectors to conduct an inspection. A Missouri foundry, its owner, and three representatives of an independent safety-consulting company

A new directive from the Occupational Safety and Health Administration on enforcing the agency’s Hazard Communication (HazCom) standard describes requirements that appear to impose new, unforeseen paperwork and compliance burdens on employers even while providing useful clarifications on some issues

An administrative law judge for the Federal Mine Safety and Health Commission raised a proposed fine against a West Virginia trucking company by nearly $10,000 after questioning the credibility of a company supervisor and its mechanic and determining the firm had either misplaced or destroyed potent

We are pleased to bring you our Workplace Safety and Health Update. With experienced OSHA and MSHA attorneys located strategically throughout the nation, Jackson Lewis is uniquely positioned to serve all of an employer’s workplace safety and health needs.

The Mine Safety and Health Administration appears to be readying a new policy that could significantly expand and re-interpret mine operator responsibilities in conducting workplace examinations.

Through its On-Site Consultation program, OSHA wants to help small to medium-sized businesses improve and maintain workplace safety standards. In most cases, OSHA representatives will travel directly to your workplace and conduct a detailed inspection. The OSHA representative will identify potential

We are pleased to bring you our Workplace Safety and Health Update. With experienced OSHA and MSHA attorneys located strategically throughout the nation, Jackson Lewis is uniquely positioned to serve all of an employer’s workplace safety and health needs.

It may not be officially summer just yet, but with the rising temperatures and bright sunny days, it is just around the corner. And while the summer heat means days spent at the beach and backyard barbeques, it also means an increased risk of heat-related illness and death. According to OSHA, each y

Recently, the Texas Association of Builders (“TAB”) filed a petition in the Fifth Circuit Court of Appeals seeking a review of a newly finalized OSHA rule, which was aimed at reducing confined space risks in construction activities. The TAB petition potentially hinders the rule’s implementation, del

Continuing the trend by federal agencies toward greater protections for transgender employees, the Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers” on June 1, 2015.

Most people associate the name OSHA with safety standards for the protection of workers in construction and manufacturing settings. OSHA, however, is not so limited, as demonstrated by its recently released Hospital Respiratory Protection Program Toolkit, which is designed to help hospitals and othe

Working in confined spaces exposes construction workers to many hazards, including asphyxiation, explosions, electrocutions and toxic substances. Until recently OSHA had one provision in its construction standards setting forth a general training requirement when employees worked in confined spaces.

OSHA recently cited a Florida general contractor – retained to restore the concrete finish on high-rise apartment buildings – for 17 “serious” safety and health violations and proposed penalties of $119,000. (A “serious” violation occurs when there is substantial probability that death or serious ph

The Occupational Safety and Health Administration (OSHA) isn’t exactly a new sheriff in town when it comes to the oil and gas industry. Over the past few years, OSHA has relied on several regional emphasis programs for increased scrutiny of this industry.