On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.”
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections
The Occupational Safety and Health Administration (OSHA) is preparing to engage in rulemaking that would revive the policy contained in the “Fairfax Memo” of 2013, which permitted union representatives to accompany OSHA compliance officers on inspections of nonunion workplaces.
Sixth Circuit Ruling Offers Clarity on Jurisdictional Border Between MSHA and OSHA
The U.S. Court of Appeals for the Sixth Circuit recently added some small clarity to the murky jurisdictional border between the Mine Safety and Health Administration and the Occupational Safety and Health Administration.
Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort
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.
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 Recordkeeping Proposal Would Expand the Ranks of Employers Required to Submit Injury and Illness Data
On April 7, 2023, the Occupational Safety and Health Administration (OSHA) submitted its latest injury and illness recordkeeping proposal to the Office of Information and Regulatory Affairs (OIRA). The proposed changes to the injury and illness recordkeeping rules hark back to the agency’s more onerous 2016 regulation.
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
What Mine Operators Need to Know About Penalty Assessments
Every January, Mine Safety and Health Administration (MSHA) civil penalties typically increase in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990. This year has been no exception.
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,
Is It Reasonable for MSHA to Request This Document?
In recent years, the scope of what constitutes an appropriate request for documents under the Mine Act has expanded.
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.