Articles Discussing General Topics Under OSHA.

Increased enforcement of workplace safety and health regulations is on the horizon and it will not be all about COVID-19. In December, the U.S. Department of Labor updated the Occupational Safety and Health Administration’s (OSHA) Site-Specific Targeting (SST) Directive inspection program, emphasizing recordkeeping requirements.

The Occupational Safety and Health Review Commission (OSHRC) has issued three new decisions that appear to continue a favorable trend. On December 31, 2020, the quasi-judicial body overseeing enforcement actions by the Occupational Safety and Health Administration (OSHA) vacated a serious citation, overturned a trial judge’s credibility determination, and found an understandable mistake was an unforeseeable error.

After Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act in 2015, it has now become an annual requirement for the U.S. Department of Labor to adjust civil penalty amounts for the various laws it enforces using cost-of-living adjustments to account for inflation.  According to the Act, the

As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which is an essential business in the Carolinas. 

The Occupational Safety and Health Administration (“OSHA”) kicked off the new year with a friendly reminder that covered employers must electronically submit Form 300A data for calendar year 2020 between January 2, 2021 and March 2, 2021. A paper copy of the 300A form must also be posted in for

President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president you have ever seen” and that “unions are going to have increased power” in his administration.

OSHA has issued guidance on personal protective equipment (“PPE”) and respiratory protection use in nursing home and long term care facilities (collectively “LTCFs”) to protect against COVID-19. In its recently issued guidance, OSHA sets forth additional detail about the strategies it believes LTCFs should consider when protecting employees from COVID-19. 

As part of the agency’s ongoing efforts to address the COVID-19 pandemic in workplaces, OSHA continues to issue alerts and guidance designed to keep workers safe.  The most recent guidance issued by OSHA deals with ventilation in the workplace to help maintain a safe and healthy work environment.

Under the

COVID-19 cases in the United States have been increasing rapidly in recent weeks, and the surge is expected to continue into the winter.  On Nov. 10, 2020, the rolling seven-day average of confirmed cases was at an all-time high.  Almost 62,000 individuals are hospitalized for COVID-19, the most since the pandemic began.  Fatalities from COVID-19 are widely anticipated to rise in the coming weeks.

On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat

As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related fatalities and hospitalizations.  The reporting of […]

The post OSHA Issues Sobering Reminder to Employers About

On September 30, 2020, the Occupational Safety and Health Administration (OSHA) released new Frequently Asked Questions (FAQs) regarding an employer’s obligation to report to OSHA cases of work-related COVID-19.  The FAQs build upon previous OSHA guidance governing when and how to record and report confirmed positive cases of COVID-19

Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating OSHA’s citations and one decision reclassifying a willful violation to a serious violation and reducing the penalty

The Occupational Safety and Health Administration (OSHA) issued guidance on its response plan on May 19, 2020, reinforcing its prioritization of COVID-19 cases, specifically targeting hospitals and other healthcare providers.