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OSHA - General

Articles Discussing General Topics Under OSHA.

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Ogletree Deakins OSHA Tracker City Feature Shines Light on Reno, Nevada Citations

Ogletree Deakins·

Ogletree Deakins’ OSHA Tracker shows that the Occupational Safety and Health Administration (OSHA) conducted 988 inspections in Nevada in 2022, of which 2.5 percent resulted in citations. Reno, with twenty-seven citations, incurred more citations than any other city in Nevada.

Robotic Systems Compel OSHA to Consider Revising Its Lockout/Tagout Standard

Jackson Lewis P.C.·

Manufacturers’ increasingly advanced robotic systems have made the Occupational Safety and Health Administration’s (OSHA) standard for the Control of Hazardous Energy (Lockout/Tagout) impractical, even obsolete, in many workplaces.

OSHA Gets Authority to Issue Visa Certifications Protecting Immigrants Who Aid Criminal Investigations

Maynard Nexsen·

The Occupational Safety and Health Administration (OSHA) has announced that as of March 30, 2023, it will be authorized to give legal protection to immigrant workers involved in workplace safety and health inspections by issuing certifications in support of applications for “U” and “T” non-immigrant

Ogletree Deakins OSHA Tracker City Feature: Seattle, Las Vegas Had Most OSHA Inspections

Ogletree Deakins·

In December 2022, Ogletree Deakins launched its OSHA Tracker based on analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s. Now, in addition to featuring individual state data and OSHA regional informati

OSHA Moves One Step Closer to Proposing a Rule Addressing Workplace Violence in the Healthcare and Social Assistance Industries

Littler·

On March 1, 2023, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) Panel regarding a possible Prevention of Workplace Violence in Healthcare and Social Assistance rule. By formally convening the SBAR Panel, OSHA has taken yet anothe

OSHA Fails to Prove Feasible, Effective Abatement for Excessive Heat Hazard, Commission Rules

Jackson Lewis P.C.·

The Occupational Safety and Health Administration (OSHA) successfully established the existence of an excessive heat hazard for which the agency cited the employer, the Occupational Safety and Health Review Commission (OSHRC) has ruled, resolving a question open since 2019.

OSHA Activates U and T Nonimmigrant Visas—‘Law Enforcement Visas’—as New Tool in Agency’s Investigation Toolbox

Ogletree Deakins·

On February 13, 2023, the Occupational Safety and Health Administration (OSHA) announced that U.S. Secretary of Labor Marty Walsh and Assistant Secretary of Labor for Occupational Safety and Health Doug Parker had signed a memorandum giving OSHA new authority to issue certifications supporting appli

Is an OSHA Workplace Violence Standard for the Healthcare Industry on the Way?

Ogletree Deakins·

The Occupational Safety and Health Administration (OSHA) has identified violence in healthcare settings as a significant occupational risk, and a new workplace violence standard for the healthcare industry could be on the horizon.

OSHA Withdraws Proposal to Revoke Arizona’s State Plan

Littler·

On February 14, 2023, the federal Occupational Safety and Health Administration (OSHA) announced that it would be withdrawing its proposal to reconsider and revoke Arizona’s State Plan.

OSHA Seeks to ‘Modernize, Expand, and Enhance’ Its Voluntary Protection Programs

Ogletree Deakins·

Three years after issuing its revised Voluntary Protection Programs (VPP) policies and procedures manual, the Occupational Safety and Health Administration (OSHA) has announced that it is seeking public comment on its goal of modernizing the VPP.

Revisiting Volks—Is OSHA Buying Itself More Time to Issue More Citations?

Ogletree Deakins·

OSHA continues to target recordkeeping as a key area of concern, with the agency focused on the need for improvements in employer reporting of injury and illness data and potential changes with regard to how it applies the OSH Act’s six-month statute of limitations when issuing recordkeeping citatio

Heidingsfelder Presents on OSHA's Outdoor and Indoor Heat Hazards Program

Jones Walker LLP·

Jane Heidingsfelder, a partner in the Labor & Employment Practice Group, presented "Heating Things Up: OSHA's National Emphasis Program On Outdoor And Indoor Heat Hazards" at the EHS Management Institute "Leveraging Fresh Insights On Safety And Sustainability Processes To Accelerate Impact And Drive

OSHA’s ‘Site-Specific Targeting Inspection’ Program for Nonconstruction Employers Continues Under New Directive

Ogletree Deakins·

The new year began with the Occupational Safety and Health Administration (OSHA) clearly establishing that it is focusing on enforcement in 2023. After announcing that it is expanding its instance-by-instance citation policy and issuing corresponding enforcement memoranda on January 26, 2023, it fol

Third Circuit Clarifies Availability of Emergency Relief Under OSHA

Littler·

The U.S. Court of Appeals for the Third Circuit has affirmed dismissal of a lawsuit challenging a determination by the Occupational Safety and Health Administration (OSHA) that conditions at a meatpacking plant did not constitute an “imminent workplace danger.” The court held that an individual cann

OSHA Serves Up a Slice of Confusion: Can an Employer’s Pizza Party Workplace Safety Incentive Program Be ‘Unreasonable’?

Ogletree Deakins·

The Occupational Safety and Health Administration (OSHA) recently posted a tweet with the following question: “Is your pizza party incentive program unreasonable?” Setting aside the frontal attack on arguably one of the most revered of all cultural experiences in America—the pizza party—questions re

The Year Ahead in Workplace Safety

Jackson Lewis P.C.·

OSHA enforcement and regulatory rulemaking will be big in 2023. Jackson Lewis principals and former feds Courtney M. Malveaux and Melanie L. Paul say heat illnesses, infectious disease standards, electronic recordkeeping requirements, and higher fines are just some of the action areas for which empl

New OSHA Enforcement Guidance Promises Steeper Penalties for Employers

Jackson Lewis P.C.·

The Occupational Safety and Health Administration (OSHA) has announced two enforcement guidance changes with the goal of deterring violations by substantially increasing the penalties certain employers may face for alleged violations.

OSHA BEEFS UP PENALTIES AND ISSUES NEW ENFORCEMENT GUIDANCE

FordHarrison·

OSHA annually adjusts its penalties for inflation. The adjustments are effective for penalties assessed after January 15, 2023. The new maximum penalty for serious, other-than-serious, and posting requirements is $15,625 per violation. The new maximum penalty for failure to abate (correct safety vio

OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy

Ogletree Deakins·

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will become effective in sixty days and radically alter the landscape of certai

OSHA 300A Summaries Should Be Completed and Posted By <strong>Feb. 1, 2023</strong>

Maynard Nexsen·

Most employers are required to complete OSHA Form 300A Summary of Work-Related Injuries and Illnesses for 2022 by Feb. 1, 2023, and to post it and keep it posted until April 30, 2023. The 300A log summarizes work-related injuries and illnesses employees experienced during the prior year. Minor injur