Jackson Lewis P.C. • May 21, 2019
OSHA’s Lockout/Tagout Standard at 29 C.F.R. 1910.147 regulates the control of exposure to unexpected energization during service and maintenance on machines or equipment. On May 18, 2019, OSHA issued a Request for Information (RFI) seeking “information regarding two areas where modernizing the Lockout/Tagout standard might better promote worker safety without additional burdens to employers: control circuit type devices and robotics.”
Fisher Phillips • May 16, 2019
The Occupational Safety and Health Administration (OSHA) conducted an inspection of your facility. OSHA issues a serious citation to your company for a machine guarding violation, despite the fact the OSHA investigator did not actually observe a plausible infraction. Your company would like to contest the citation because it was not justified. However, your company is not sure if it can afford to pay an attorney to fight the citation. There may be relief. The Equal Access to Justice Act may provide your company with an avenue for having the government foot the bill for your company challenging the citation.
Nexsen Pruet • May 16, 2019
In December 2012, a “service coordinator” (similar to a community service worker and home health worker) employed by Integra Health Management Inc. was fatally stabbed during a home visit to one of the company’s clients.
Ogletree Deakins • May 16, 2019
Scott A. Mugno, President Trump’s nominee to be Assistant Secretary of Labor for Occupational Safety and Health, withdrew his name from consideration in a letter submitted on May 14, 2019, to the White House and to Secretary of Labor Alexander Acosta.
Jackson Lewis P.C. • May 13, 2019
Members of the House of Representatives recently introduced legislation that would require the Department of Labor (“DOL”) to promulgate a standard addressing workplace violence in the healthcare and social service industries. Under the bill, the standard would need to include requirements for employers in the healthcare and social service industries to develop comprehensive plans protecting workers from violence, investigate workplace violence incidents, provide training to employees, and prohibit acts of retaliation against an employee who reports violence or threats. But, despite having 110 co-sponsors, the bill has yet to be scheduled for a vote.
Jackson Lewis P.C. • May 06, 2019
In 2018 and the early part of 2019, there has been a flurry of interesting decisions from the Occupational Safety and Health Review Commission (“Commission”). The decisions have ranged from a case clarifying Secretary of Labor’s burden for a repeat citation to two decisions on the general duty clause, one sustaining a citation involving workplace violence and one reversing a citation on heat stress. Several of these decisions have given employers reason to rejoice. But with Commissioner Cynthia Atwood’s term ending at the end of April 2019 and Chairwoman Heather MacDougal’s announcement that she would be leaving the Commission, the Commission is now down to just one member, Commissioner James Sullivan, Jr.
Jackson Lewis P.C. • April 15, 2019
On February 28, 2019, the Occupational Safety and Health Review Commission (OSHRC) issued a much anticipated decision in the case of Secretary of Labor v. A.H. Sturgill Roofing, Inc.
Fisher Phillips • April 11, 2019
Under the Occupational Safety and Health Act of 1970 (OSH Act), employers have a right to be given the opportunity to accompany an OSHA compliance safety and health officer (CSHO) during an inspection of the workplace.
Littler Mendelson, P.C. • March 28, 2019
Alka Ramchandani-Raj and Corinn Jackson with Littler’s Workplace Policy Institute dive into the numerous regulations and bills pending in California concerning workplace safety and health. Alka offers both background of existing law and analysis of the safety measures, including proposals about lead poisoning prevention, Valley Fever training requirements, and an indoor heat illness prevention program.
Fisher Phillips • March 27, 2019
The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. OSHA issues a serious citation to your company for a machine guarding violation.