Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA Unveils Text of Unprecedented Federal Heat Standard

Littler·

OSHA has issued its proposed workplace heat exposure standard, which would apply to nearly all employers. The proposed standard would require employers to develop a Heat Injury and Illness Prevention Plan with site-specific information to identify, monitor, and control heat hazards in their workplac

OSH Law Primer, Part VII: Refusals to Work and Whistleblower Protection

Ogletree Deakins·

This is the seventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States.

OSHA Pushes Outdoor and Indoor Heat Rule

Jackson Lewis P.C.·

The Occupational Safety and Health Administration (OSHA) has moved a step closer to a final rule for “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” OSHA sent the yet-to-be-unveiled rule to the Office of Management and Budget for an interagency review of up to 90 days, afte

OSHA Issues CSHO Recordkeeping Guidance on Certain Musculoskeletal Treatments During Working Hours

Ogletree Deakins·

On May 2, 2024, OSHA issued recordkeeping guidance that provides guidance to Compliance Safety and Health Officers (CSHOs) when the treatment given is first aid, Active Release Techniques (ART), and/or exercises and stretching. In particular, the enforcement guidance focuses on the use of those moda

OSHA’s Proposed Heat Illness Prevention Standard Is at the White House for Review: What’s Next?

Ogletree Deakins·

On June 11, 2024, the Occupational Safety and Health Administration (OSHA) sent its proposed standard on indoor/outdoor heat illness prevention to the White House’s Office of Information and Regulatory Affairs (OIRA) for review. As detailed below, the proposal is expected to include temperature leve

OSH Law Primer, Part VI: Employees’ and Employers’ Rights When Interacting With OSHA

Ogletree Deakins·

This is the sixth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the tim

OSHA's New Walkaround Rule: A Game Changer for Workplace Safety and Compliance

Jackson Lewis P.C.·

Starting May 31, 2024, employers will have less control on who can access your workplace.

NFPA Electrical Equipment Maintenance Standard: From Recommended Practice to Potential Industry Standard

Ogletree Deakins·

The Occupational Safety and Health Administration (OSHA) issues regulations and standards, but those cannot possibly address all workplace health and safety conditions. As a result, OSHA does two things: one is to incorporate by reference certain industry standards, and the other is to use Section 5

Senators Introduce Bill to Improve Safety for Warehouse Workers

Ogletree Deakins·

On May 2, 2024, Senators Ed Markey (D-MA), Bob Casey (D-PA), Tina Smith (D-MN), and Sherrod Brown (D-OH) introduced the Warehouse Worker Protection Act, legislation that would limit production requirements for warehouse workers and the disciplinary measures that employers may impose for failures to

OSHA Proposes Expansion of Workplace Protections for Emergency Responders

Jackson Lewis P.C.·

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard .

As Temperatures Start to Rise, OSHA Takes Steps to Implement Rules Concerning Heat Illness Prevention

Ogletree Deakins·

For a number of years, the Occupational Safety and Health Administration (OSHA) has promised a heat injury and illness prevention standard. To date, proposals related to heat injury and illness in outdoor settings have been put forth, though enforcement efforts have not always been so limited. On Ap

OSH Law Primer, Part IV: The General Duty Clause

Ogletree Deakins·

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the read

No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

Littler·

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.

After a Long Warm-Up, OSHA’s Proposed ‘Walkaround Rule’ Gets OIRA’s Final Approval to Run (in the Federal Register)

Ogletree Deakins·

A yearslong saga seems to be coming to an end now that the Office of Information and Regulatory Affairs (OIRA) has completed its review of the Occupational Safety and Health Administration’s (OSHA) “walkaround rule,” 29 C.F.R. 1903.8(c). The OIRA website was updated to indicate that the review was c

OSHA’s Proposed Emergency Response Standard: A Closer Look and an Analysis for Covered Employers

Ogletree Deakins·

The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers (WEREs) or workplace emergency response teams (WERTs).

OSH Law Primer, Part III: The Duty to Comply With Standards

Ogletree Deakins·

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the

OSHA Proposes to Replace Its Existing Fire Brigades Standard With New Comprehensive Emergency Response Standard

Ogletree Deakins·

On February 5, 2024, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) related to the Fire Brigades standard, 29 C.F.R. 1910.156, and related standards. The proposed rule would update the more than forty-year-old Fire Brigades standard, which h

OSH Law Primer, Part II: Creating Standards and Regulations

Ogletree Deakins·

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the

OSHA Updates Its Process Safety Management of Highly Hazardous Chemicals Instruction

Ogletree Deakins·

On January 26, 2024, the Occupational Safety and Health Administration (OSHA) issued its updated Process Safety Management of Highly Hazardous Chemicals Instruction, providing enforcement guidance related to compliance with the standard for the process safety management (PSM) of highly hazardous che