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 employers need to prepare.
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
OSHA Increases Penalties for 2023
The Occupational Safety and Health Administration (OSHA) has increased its minimum and maximum penalties for workplace safety and health violations by 7.7 percent effective January 17, 2023.
New OSHA Enforcement Guidance Promises Steeper Penalties for Employers
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
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 violation) is $15,625 per day beyond the abatement date. The new maximum penalty for willful or repeated violations is $156,259 per violation.
OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy
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 certain inspections. The stated purpose of the policy
OSHA 300A Summaries Should Be Completed and Posted By Feb. 1, 2023
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 injuries that are treated only by first aid do not need to be recorded. The annual summary must be completed and posted even if no injuries or illnesses occurred during the year.
OSHA 300A Summaries Should Be Completed and Posted By Feb. 1, 2023
OSHA Alert: Time to Post Annual Form 300A Summary of Injuries and Illnesses; Penalties Jump More Than 7.7 Percent
This year, as has been the case the past six years, January brings two items from the Occupational Safety and Health Administration (OSHA) that almost all employers will want to keep in mind. One is an adjustment to the penalties OSHA can impose for a violation of the Occupational Safety
What Is OSHA’s Role in Light of the NLRB’s Position That Student-Athletes Are University Employees?
Anyone who follows professional football is well aware that Buffalo Bills safety Damar Hamlin collapsed on the field during a Monday Night Football game on January 2, 2023. The sight was jarring. Despite the fact that football fans know violent contact is one of the game’s most defining characteristics, the
Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare
The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard for healthcare.
The Do’s and Don’ts of an OSHA Visit at a Construction Site
Avoiding workplace hazards in the construction industry may be next to impossible, but it’s critical to ensure the health and safety of employees as well maintaining compliance with potentially dangerous OSHA regulations.
Ogletree Deakins’ New OSHA Tracker: Data Related to California, Texas, and Florida
Ogletree Deakins’ recently released OSHA Tracker tool allows employers to search and filter Occupational Safety and Health Administration (OSHA) data to identify emerging issues and OSHA enforcement trends. This interactive tool compiles comprehensive OSHA inspection, citation, and penalty data and allows employers to create custom searches and filter by OSHA
Ogletree Deakins Launches Interactive OSHA Tracker Tool
Analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s, can help employers forecast and spot enforcement trends and changes, identify new and emerging issues, and correlate information to make unique connections that may not be readily apparent. To
If There Is a Constitutional Right to Earn a Living, What Happens to OSHA?
Though the Fifth Circuit affirmed the district court’s judgment in its entirety in Golden Glow Tanning Salon, Inc. v. City of Columbus, Mississippi, Judge James C. Ho’s concurrence raised an interesting issue of whether there is an unenumerated constitutional right to work that could limit the government’s ability to regulate
Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations
On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community.
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