Tag Archives: OSHA

OSHA Has a “Naughty” List – And Nearly One-Third of Large Employers Are on It. Are You?

OSHA
OSHA (the Occupational Safety and Health Administration) issued its electronic injury reporting rule in May, 2016.  When issued, OSHA had intended all employers (over time) to submit their injury and illness records (OSHA Form 300 log of work-related injuries and illnesses), OSHA Form 301 (injury and illness incident report), and OSHA 300A (annual summary of … Continue reading this entry

The Heat Is On: Is Your Company in Compliance with State Sun and Heat Worker Protections?

heat
With summer in full swing and heat waves sweeping the country, it is important that employers comply with any state regulations protecting employees who work outdoors from suffering from heat-related illnesses. Just last week, with the National Weather Service issuing excessive heat warnings for California, Cal/OSHA reminded all employers with outdoor workers to be mindful … Continue reading this entry

OSHA Update—OSHA Chief Nominee Confirmation Hearing Adjourned

The Senate committee hearing on the White House’s nominee for the Assistant Secretary of Labor for the Occupational Safety and Health Administration, Scott Mugno, has now been adjourned.  During the hearing, Mr. Mugno fielded various questions from the Senators, including about OSHA’s past policy of issuing press releases after issuing violations in excess of $40,000 … Continue reading this entry

OSHA Update—OSHA Chief Nominee Confirmation Hearing Underway

On October 27, 2017, the White House announced its intent to nominate Scott Mugno to lead the Occupational Safety and Health Administration.  His and others’ confirmation hearings are currently underway before the U.S. Senate Committee on Health, Education, Labor & Pensions.  Gardere will monitor these  proceedings and report back with updates, but you can watch … Continue reading this entry

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

OSHA Update—Reminder to Stay Safe during Summer Heat

With summer upon us, employers need to remember to stay proactive in addressing on-the-job heat hazards.  We wrote about this topic last summer on the Work Knowledge Blog.  While OSHA does not regulate heat-related illnesses and injuries specifically, the agency has the ability, and willingness, to cite employers under the General Duty Clause if employers do … Continue reading this entry

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

Accomodation
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

OSHA Update—Proposed Delay for New Beryllium Rule Effective Date

On March 1, 2017, the United States Department of Labor proposed another delay to the effective date of Occupational Safety and Health Administration’s (“OSHA”) new beryllium rule.  The proposed delay is again in conjunction with the White House’s Regulatory Freeze Pending Review Memorandum (the “Memorandum”).  If implemented, it will make the rule’s new effective date … 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

OSHA Update—Reminder Regarding Posting, Retaining, and Submitting Injury and Illness Summaries

It’s that time of year again.  Between February 1 and April 30, employers must post a copy of their completed OSHA Form 300A for each establishment in a conspicuous place or in a place where employee notices are customarily posted.  29 C.F.R. § 1904.32(b)(5).  Form 300A summarizes job-related injuries and illness logged the previous calendar year.  So if you are … 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

OSHA Update—Texas Judge Denies Injunction Against Enforcement of Anti-Retaliation Provisions of Final Rule

On November 28, 2016, Judge Sam Lindsay in the United States District Court for the Northern District of Texas denied an employer group’s request for a nationwide injunction against the Occupational Safety and Health Administration’s enforcement of certain anti-retaliation provisions in the new final rule.  As we reported previously on the Work Knowledge Blog, the … Continue reading this entry

OSHA Update—Surge in Enforcement Efforts to Reduce Amputations Hazards in Arkansas, Louisiana, Oklahoma, and Texas

The Occupational Safety and Health Administration (“OSHA”) recently announced that it will have a “heightened focus” on amputation hazards in Region 6, which comprises Arkansas Louisiana, Oklahoma, and Texas.  OSHA reports that 2,600 amputations occurred nationwide in 2015, most of which were in the manufacturing industry.  OSHA’s goal in this initiative will be on increased … 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

OSHA Update—OSHA Issues Enforcement Guidance on New Reporting and Anti-Retaliation Provisions

The Occupational Safety and Health Administration (“OSHA”) has issued a memorandum to its Regional Administrators and published a new webpage outlining its planned enforcement of the new reporting and anti-retaliation provisions.  The agency’s guidance does little more than restate and expound upon what it has already provided in previous documents, such as in the 2012 … Continue reading this entry

OSHA Update—OSHA Delays Enforcement of Anti-Retaliation Provisions for Second Time

The Occupational Safety and Health Administration (“OSHA”) announced today that it will delay enforcement, for a second time, of the anti-retaliation provisions in its injury and illness tracking rule until Dec. 1, 2016.  We previously reported on the Work Knowledge Blog that the first delay in enforcement may have been associated with ongoing litigation over the … Continue reading this entry

OSHA Update—OSHA Issues Final Rule Regarding Retaliation Claims under the Affordable Care Act

The Occupational Safety and Health Administration (“OSHA”) announced yesterday that it has published a final rule regarding how it will handle retaliation claims brought by employees under the Affordable Care Act (“ACA”).  OSHA is generally tasked with investigating whistleblower complaints brought by employees under the Occupational Safety and Health Act, as well as many other … Continue reading this entry

OSHA Update—Proposed Revisions Intended to Modernize Various OSHA Standards

The Occupational Safety and Health Administration (“OSHA”) recently announced that it is proposing eighteen revisions to its recordkeeping, general industry, maritime, and construction regulations.  With the changes proposed, OSHA intends to modernize certain standards that may be “confusing, outdated or unnecessary.”  These proposed revisions are the fourth part of the Standards Improvements Project, which started … Continue reading this entry

New OSHA Rule May Require Changes to Employer Drug Testing Policies

Does your company have a blanket, post-accident drug testing policy?  Employers with this type of drug testing policy are concerned that they may run afoul of a new Occupational Safety and Health Administration Final Rule, which OSHA is set to begin enforcing on November 1, 2016. The final rule, which went into effect on August 10, 2016, … Continue reading this entry

OSHA Update—New Guidance on Settlement Agreements in Whistleblower Cases

The Occupational Safety and Health Administration (“OSHA”) recently issued new guidelines for the approval of settlement agreements between employers and employees during whistleblower cases. These guidelines will replace Chapter 6, paragraphs XII.E.2 and 3, of the OSHA Whistleblower Investigation Manual, the current version of which was published on January 28, 2016.   The new guidelines will … 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

OSHA Update—Civil Penalty Increases Take Effect After August 1, 2016

After today, August 1, 2016, the civil penalties assessed by the Occupational Safety and Health Administration (“OSHA”) will increase by 78%.  This is actually less than the 82% that was originally allowed by Congress, but not by much.  The new maximum penalties will be as follows: (1) Serious, Other-than-Serious, and Posting Requirement Violations—$12,471 per violation; … Continue reading this entry

OSHA Update—Delayed Enforcement of Anti-Retaliation Provisions for New Reporting Rule

The Occupational Safety and Health Administration (“OSHA”) has announced that it will delay enforcement of the anti-retaliation provisions in its new workplace injury and illness reporting rule.  Originally, it was scheduled to go into effect on August 10, 2016, but enforcement of the anti-retaliation provisions will now begin on November 1, 2016.  OSHA stated that … Continue reading this entry