The Occupational Safety and Health Administration’s (OSHA) proposed rule on reducing workplace risks related to extreme heat has recently begun raising concerns that the attempt to mandate paid breaks may go beyond OSHA’s congressionally authorized authority, as well as beyond promoting the safety of the employees.
Articles Discussing General Topics Under OSHA.
OSH Law Primer, Part IX: Hazard Communication
This is the ninth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States.
OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues
This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time
OSHA in the Post-Chevron Era: What’s Next for the Agency?
On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.
OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024
The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024
OSHA Issues Proposed Workplace Heat Exposure Standard
OSHA’s Proposed Heat Injury and Illness Prevention Standard in Focus: Analysis and Review
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule would apply to all employers and be triggered when employees are exposed to temperatures of 80ºF for more than fifteen minutes
DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions
The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement plans to address it. However, anticipated legal challenges could provide a path for revamping OSHA’s authority following recent Supreme Court
OSHA Announces Proposed Rule on Heat
The Department of Labor released its long-awaited proposed rule to protect indoor and outdoor workers from hazards associated with extreme heat. As expected, it focuses on water, rest shade, acclimatization, and training.
OSHA Unveils Text of Unprecedented Federal Heat Standard
OSHA has issued its proposed workplace heat exposure standard, which would apply to nearly all employers. The proposed standard would require employers to develop a Heat Injury and Illness Prevention Plan with site-specific information to identify, monitor, and control heat hazards in their workplace, and to develop a heat emergency
OSH Law Primer, Part VII: Refusals to Work and Whistleblower Protection
This is the seventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States.
OSHA Pushes Outdoor and Indoor Heat Rule
The Occupational Safety and Health Administration (OSHA) has moved a step closer to a final rule for “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” OSHA sent the yet-to-be-unveiled rule to the Office of Management and Budget for an interagency review of up to 90 days, after which OSHA will publish the rule in the Federal Register to give it effect.
OSHA Issues CSHO Recordkeeping Guidance on Certain Musculoskeletal Treatments During Working Hours
On May 2, 2024, OSHA issued recordkeeping guidance that provides guidance to Compliance Safety and Health Officers (CSHOs) when the treatment given is first aid, Active Release Techniques (ART), and/or exercises and stretching. In particular, the enforcement guidance focuses on the use of those modalities during working hours to treat
OSHA’s Proposed Heat Illness Prevention Standard Is at the White House for Review: What’s Next?
On June 11, 2024, the Occupational Safety and Health Administration (OSHA) sent its proposed standard on indoor/outdoor heat illness prevention to the White House’s Office of Information and Regulatory Affairs (OIRA) for review. As detailed below, the proposal is expected to include temperature levels triggering coverage under the standard, acclimatization
OSH Law Primer, Part VI: Employees’ and Employers’ Rights When Interacting With OSHA
This is the sixth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time