Tag Archives: OSHA

OSHA Announces Delay of Electronic Filing Deadline; Filing of OSHA 300A Now Required By December 15, 2017

OSHA
The compliance date for employers to file their 2016 OSHA 300A reports on the new electronic website has been delayed an additional two (2) weeks pursuant to a regulation issued on Wednesday, November 22, 2017, and which is expected to be published on November 24.  OSHA explained that the additional two weeks would allow employers … Continue reading this entry

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

ADA
Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender identity and expression) are protected under Title VII of the Civil Rights Act of 1964 (Title VII).  Now, for the … Continue reading this entry

One of Our Employees Died at Work – Am I Going to Jail?

(OSH) Act
Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be criminally liable for a workplace fatality?  It’s true.  Under the Occupational Safety and Health Act (OSH Act), when the cause of … Continue reading this entry

What to Do When OSHA is at Your Door

Employer
You arrive at work bright and early, only to find that someone beat you there — OSHA is waiting to perform an inspection. Now what? Many employers think they have little say in what happens next. Actually, employers have many choices to make, starting as soon as OSHA arrives. The first thing step is simply … Continue reading this entry

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

Trade Secrets
The long and contentious presidential campaign is over.  So, now what?  What does President-elect Trump’s victory mean for employers? To explore this question, Foley and Lardner LLP’s Labor & Employment Practice group hosted a webinar titled “What Will Happen When the Smoke Clears? HR Strategies for 2017 and Beyond” on November 10, 2016.  The team … Continue reading this entry

Don’t Let Zika Bug Your Employees

Employer
If you are reading this from one of the 3,141 counties in the continental United States that has not yet been affected by the Zika virus, do not turn away. There is valuable information here for employers, even if you do not have an office in Miami or are not planning a vacation in Puerto … Continue reading this entry

Increased OSHA Penalty Structure Becomes Effective Today

Employer
This past November, Congress passed a budget that included legislation requiring federal agencies to adjust their civil penalties to account for inflation. In response, the Department of Labor (DOL) is adjusting penalties for its agencies, including the Occupational Safety and Health Administration (OSHA). The new civil penalty structure for violations of the Occupational Safety and … Continue reading this entry

Even As They Lament The Horrific Reality Of Mass Violence, Employers Must Consider How To Prevent It In Their Workplaces

Employer
After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their immediate focus to work after one of the largest and most violent shooting incidents in American history, … Continue reading this entry

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

EEOC
The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to comply with the regulations addressing machine guarding is one of the most-often issued citations by OSHA, routinely appearing in its “Top Ten” list of most frequently found … Continue reading this entry

OSHA Wants to Change Recordkeeping Rule to Pursue Violations for Up to Five Years After They Occur

Employer
Under current OSHA rules, employers must keep and retain certain records of workplace injuries, and if an employer neglects to keep the required records, OSHA can issue citations for the employer’s lack of compliance. However, there is currently a six-month time limit on how far into the past OSHA may reach to cite employers for … Continue reading this entry

Ebola Preparedness: Employee Education Is Key

California Emloyers
In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their response. While the threat of a widespread EVD outbreak in the United States is minimal, healthcare providers in particular, but also airlines … Continue reading this entry

You’re NOT Paranoid – the Agencies ARE Ganging Up

FEHC
Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government activity, and that twitchy sense of more government scrutiny is actually well justified. In addition to executive agency actions placing more requirements … Continue reading this entry

It’s All "Just Paperwork" Until Somebody Gets Hurt: Be Proactive in Preventing Workplace Violence

Employer
“Help, there is an angry man waving a gun around in the lobby!” These are the kinds of words no employer wants to hear and can make all other concerns seem trivial in comparison. Sadly, the statistics confirm what we regularly see on the cable news networks – workplace violence is one of the most common … Continue reading this entry

OSHA Shines Its Headlights On Auto Suppliers

In a continuation of the Obama Administration’s amped up regulatory enforcement agenda, OSHA recently announced its intention to target auto suppliers. In its Regional Emphasis Program For Safety Hazards in the Auto Parts Supplier Industry, OSHA identified hazards that it believes are particularly prevalent in the industry. According to OSHA, workers in the auto supplier industry … Continue reading this entry

Employee Whistleblower Protections Continue to Expand

 Written by: Leila Nourani and Jenna K. Murphy Are you aware of the employee whistleblower protections contained in the Consumer Product Safety Improvement Act of 2008 (CPSIA)? In the recent case of Saporito v. Publix Super Markets, Inc., the U.S. Administrative Review Board (ARB) broadly interpreted the enforcement powers of the Consumer Product Safety Commission … Continue reading this entry

OSHA Injury Log Requirement -- Will OSHA Clarify?

As a regulation under the Occupational Safety and Health Act, the U.S. Department of Labor (DOL) requires that employers keep a log of deaths, injuries, and illnesses. However, the regulation only requires employers to log deaths, injuries, and illnesses that are “work-related.” The regulation defines work-related as those instances when the workplace “contributed to” the … Continue reading this entry

OSHA May Begin Regulating Medical Resident Work Hours

Heeding the request of Public Citizen, an advocacy group representing more than 13,000 resident physicians, OSHA has agreed to review the possibility of limiting work hours for resident physicians. In its recent “Petition to Reduce Medical Resident Work Hours,” Public Citizen contends that regulations are necessary to protect the safety of resident physicians and to … Continue reading this entry