It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA citations is later being cited for repeat, willful, or failure to abate violations and put on the road to significant additional costs and enforcement activity.
Articles Discussing General Topics Under OSHA.
Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes—Is OSHA Next?
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade Commission and Securities and Exchange Commission v. Cochran, Nos. 21-86 and 21-1239,
OSHA Launches Nationwide Program Focusing on Workplace Falls
On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall Protection) has topped OSHA’s list of most frequently cited standards. Despite the agency’s
OSHA Releases New National Emphasis Program on Fall Hazards
On May 1, 2023, OSHA announced a new national emphasis program (NEP) that focuses enforcement efforts on fall-related hazards. The announcement strategically coincided with the start of the tenth annual National Safety Stand-Down to Prevent Falls in Construction, which concluded on May 5, 2023. The NEP took effect immediately, and
OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Facilities
The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in Healthcare and Social Assistance.” On March 1, 2023, OSHA convened a Small Business Advocacy Review (SBAR) panel—an initial step in
OSHA’s New Authority to Issue T, U Nonimmigrant Law Enforcement Visas
The Occupational Safety and Health Administration (OSHA) has been given the authority to issue certifications in support of applications for T and U nonimmigrant visas beginning March 30, 2023.
To assist agencies in combatting human trafficking and other crimes, OSHA will issue these certifications during workplace safety investigations that identify
Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties
Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region 4—covering Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee—may find the trends and, in some cases,
Cal/OSHA Moves Forward with Indoor Heat Illness Prevention Standard
Cal/OSHA has been working on a proposed Indoor Heat Illness Prevention Standard since 2017. Now, nearly 5 years later, the Cal/OSHA Standards Board published a draft standard and announced a public hearing on Heat Illness Prevention in Indoor Places of Employment. This comes after Cal/OSHA had stepped up enforcement of
Employers Beware: Understanding OSHA’s New Enforcement Guidance
The Occupational Safety and Health Administration’s (OSHA) new guidance promises steeper penalties for employers to prevent workers from being exposed to life-threatening hazards.
Ogletree Deakins OSHA Tracker City Feature: Houston and San Antonio Top the List in Texas
“There are three kinds of lies: Lies, Damned Lies, and Statistics” has famously been attributed to Mark Twain, who himself attributed it to British Prime Minister Benjamin Disraeli. Data, however, never lies.
Ogletree Deakins OSHA Tracker City Feature Shines Light on Reno, Nevada Citations
Ogletree Deakins’ OSHA Tracker shows that the Occupational Safety and Health Administration (OSHA) conducted 988 inspections in Nevada in 2022, of which 2.5 percent resulted in citations. Reno, with twenty-seven citations, incurred more citations than any other city in Nevada.
Robotic Systems Compel OSHA to Consider Revising Its Lockout/Tagout Standard
Manufacturers’ increasingly advanced robotic systems have made the Occupational Safety and Health Administration’s (OSHA) standard for the Control of Hazardous Energy (Lockout/Tagout) impractical, even obsolete, in many workplaces.
OSHA Gets Authority to Issue Visa Certifications Protecting Immigrants Who Aid Criminal Investigations
The Occupational Safety and Health Administration (OSHA) has announced that as of March 30, 2023, it will be authorized to give legal protection to immigrant workers involved in workplace safety and health inspections by issuing certifications in support of applications for “U” and “T” non-immigrant status visas.
Ogletree Deakins OSHA Tracker City Feature: Seattle, Las Vegas Had Most OSHA Inspections
In December 2022, Ogletree Deakins launched its OSHA Tracker based on analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s. Now, in addition to featuring individual state data and OSHA regional information, the OSHA Tracker has been enhanced
OSHA Moves One Step Closer to Proposing a Rule Addressing Workplace Violence in the Healthcare and Social Assistance Industries
On March 1, 2023, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) Panel regarding a possible Prevention of Workplace Violence in Healthcare and Social Assistance rule. By formally convening the SBAR Panel, OSHA has taken yet another step in developing a programmatic