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OSHA - General

Articles Discussing General Topics Under OSHA.

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2023 Mid-Year Report: OSHA Update

Jackson Lewis P.C.·

No matter the month or year, employers can count on one thing, changes in workplace law. Having reached the midway point of the year, 2023 does not look to be an exception.

OSHA Issues Notice of Proposed Rulemaking on Personal Protective Equipment for Construction Employees

Ogletree Deakins·

On July 20, 2023, the Occupational Safety and Health Administration issued a notice of proposed rulemaking that would amend 29 C.F.R. 1926.95(c) to require construction employers to make personal protective equipment available that “properly fits” their employees.

OSHA Announces Expanded Electronic Injury and Illness Reporting Requirements

Ogletree Deakins·

On Monday, July 17, 2023, the Occupational Safety and Health Administration (OSHA) announced a long-anticipated update to its rule requiring electronic submission of injury and illness data. The updated rule goes into effect on January 1, 2024, and will require employers in “high-hazard industries”

GAO Encourages OSHA to Take Action in Meat and Poultry Industry

Ogletree Deakins·

Recently, the United States General Accounting Office (GAO), which is a nonpartisan agency in the legislative branch, took on oversight of the executive branch agency, Occupational Safety and Health Administration (OSHA). In this case, the GAO is making recommendations that OSHA take actions to prot

OSHA Announces National Emphasis Program Focusing on Warehousing and Distribution Center Operations

Ogletree Deakins·

On July 13, 2023, OSHA announced a national emphasis program directed at warehousing and distribution center operations.

Contested Safety Citation Struck Down as OSHA Fails to Make Its Case

Jackson Lewis P.C.·

Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission has determined. Secretary of Labor v. Raymond – San Diego, Inc. , OSHRC No.

Hurricane eMatrix: OSHA’s Latest Guidance for Employers

Ogletree Deakins·

The Atlantic hurricane season runs from June 1 to November 30 each year. This year, in mid-June, the Occupational Safety and Health Administration (OSHA) published the “Hurricane eMatrix,” a hazard exposure and risk assessment tool that provides employers with a host of suggestions and guidance to p

OSHA Announces Region 1 Local Emphasis Program Impacting Seafood Processing Industry

Ogletree Deakins·

On June 1, 2023, the Occupational Safety and Health Administration (OSHA) issued a Local Emphasis Program (LEP) impacting “seafood processing operations and related merchant wholesaler operations in two targeted North American Industry Classification System codes (NAICS): 311710, 311711 and 311712 S

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

Ogletree Deakins·

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.”

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

Ogletree Deakins·

The Occupational Safety and Health Administration (OSHA) is preparing to engage in rulemaking that would revive the policy contained in the “Fairfax Memo” of 2013, which permitted union representatives to accompany OSHA compliance officers on inspections of nonunion workplaces.

Sixth Circuit Ruling Offers Clarity on Jurisdictional Border Between MSHA and OSHA

Ogletree Deakins·

The U.S. Court of Appeals for the Sixth Circuit recently added some small clarity to the murky jurisdictional border between the Mine Safety and Health Administration and the Occupational Safety and Health Administration.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

Jackson Lewis P.C.·

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA citations is later being cited for repeat, willful, or failure to abate viola

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes—Is OSHA Next?

Ogletree Deakins·

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc . v. Federal Trade Commission and Securities and Exchange Commission v. Cochran , Nos. 21-86

OSHA Launches Nationwide Program Focusing on Workplace Falls

Littler·

On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall Protection) has topped OSHA’s list of most frequently cited standards. Despite the

OSHA Releases New National Emphasis Program on Fall Hazards

Ogletree Deakins·

On May 1, 2023, OSHA announced a new national emphasis program (NEP) that focuses enforcement efforts on fall-related hazards. The announcement strategically coincided with the start of the tenth annual National Safety Stand-Down to Prevent Falls in Construction, which concluded on May 5, 2023. The

OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Facilities

Ogletree Deakins·

The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in Healthcare and Social Assistance.” On March 1, 2023, OSHA convened a Small Bu

OSHA’s New Authority to Issue T, U Nonimmigrant Law Enforcement Visas

Jackson Lewis P.C.·

The Occupational Safety and Health Administration (OSHA) has been given the authority to issue certifications in support of applications for T and U nonimmigrant visas beginning March 30, 2023. To assist agencies in combatting human trafficking and other crimes, OSHA will issue these certifications

Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties

Ogletree Deakins·

Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region 4—covering Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolin

Employers Beware: Understanding OSHA’s New Enforcement Guidance

Jackson Lewis P.C.·

The Occupational Safety and Health Administration’s (OSHA) new guidance promises steeper penalties for employers to prevent workers from being exposed to life-threatening hazards.

Ogletree Deakins OSHA Tracker City Feature: Houston and San Antonio Top the List in Texas

Ogletree Deakins·

“There are three kinds of lies: Lies, Damned Lies, and Statistics” has famously been attributed to Mark Twain, who himself attributed it to British Prime Minister Benjamin Disraeli. Data, however, never lies.