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Increased Workplace Fatalities Raise Concerns

A 2017 report on fatal workplace injuries shows that fatalities jumped 7 percent in 2016. The Bureau of Labor Statistics' Census of 2016 Fatal Occupational Injuries reported 5,190 workplace fatalities in 2016, compared to 4,836 in 2015. It also noted an increase in deaths related to opioid use.

Employers Must Post OSHA 300A From February 1 – April 30

Employers covered by OSHA’s recordkeeping rule are required to prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” beginning February 1 and keep the form posted until April 30. The form must be posted at each establishment covered, in a conspicuous place where notices to employees are customarily posted.

Workplace Violence, Indoor Heat, Cannabis Regulations on Cal/OSHA 2018 Schedule

Starting the year with a bang, the Cal/OSHA Division said it intends to finalize several new standards this year, including on indoor heat illness prevention. It also intends to release new workplace violence prevention for general industries regulations and new regulations to affect the Cannabis industry. The agency has scheduled three advisory meetings within the next month.

An Update from AGC’s Winter National Safety Committee Meetings.

Folks who follow my writing know that of the many groups to which I speak, the AGC National Safety Committee is my favorite. I love the industry and I value the clients and contacts who have become friends, even Bob Emmerich, Jim Goss, Bo Cooper, Rick Reubelt, Carl Heinlein, Kevin Turner, Tommy Lee, and of course, our AGC leader, Kevin Cannon.

OSHA Says Lawsuits Constitute Adverse Action Too

Not only is the Occupational Safety and Health Administration (OSHA) continuing to crack down on employers suspected of retaliating against employees who blow the whistle and will not hesitate to pursue litigation on behalf of employees, OSHA considers lawsuits against whistleblowers to constitute adverse action for purposes of finding unlawful retaliation.

OSHA Anticipates More Changes to the Electronic Recordkeeping Rule: What Does It Mean for Employers?

The Trump administration continues to look for ways to lessen the regulatory burden on employers. As a result, the Occupational Safety and Health Administration’s (OSHA) electronic recordkeeping regulation continues to be whittled down. OSHA’s latest Regulatory Agenda sets out new changes to the already beleaguered rule. Specifically, OSHA intends to propose to amend the Electronic Recordkeeping rule to eliminate the requirement that establishments with 250 or more employees submit OSHA 300 Logs and 301 forms. Instead, two types of establishments would continue to submit 300A summary forms: (1) establishments of 250 or more employees; and (2) establishments with between 20 and 249 employees in the high-hazard industries listed in Appendix A to the regulation. Employers with establishments meeting these criteria electronically submitted OSHA 300A summaries with 2016 data on or before December 31, 2017, and will submit their calendar year 2017 summaries by July 1, 2018. Beginning in 2019, and every year thereafter, covered establishments must submit the information by March 2.

Differing Opinions are Vital for the Safety Community.

Most folks in the safety community know Jordan Barab, the former Obama era Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017. You can read Jordan’s take on OSHA, MSHA, safety and anything related to employees and politics on Twitter at @jbarab. His email is confinedspace2017@gmail.com. I am unapologetically a Management Labor Lawyer and serve as an advocate for Employers, so it may surprise my readers that I am going to post his comments to one of my recent posts.

American Voters Got Coal in their Stocking from Senate Dems: Over 100 Nominees Must be Re-nominated.

Now career government workers cannot do their jobs because dozens of empty leadership positions remain unfilled. Before you complain that some of Trump’s nominees are underqualified – you are correct – consider these facts:

OSHA Considers Limiting Electronic Submission to 300A Forms Only

It may be back to the drawing board for OSHA. OSHA had previously announced its intention to make changes to its 2016 Improve Tracking of Workplace Injuries and Illnesses regulation, but the recent Unified Agenda of Regulatory and Deregulatory Actions released December 14, 2017 provides some specific detail on what employers may expect as proposed changes to this regulation.

Reminder: Electronic submission due December 15th

Employers covered by the recordkeeping requirements in Section 1904 are reminded that Friday, December 15th is the DEADLINE to electronically submit their 2016 300A. This requirement applies to establishments with 250 or more employees and to establishments in certain high-risk industries with 20 or more but less than 250 employees.

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)