Category Archives: OSHA

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Don’t Report Yet! OSHA Holds Off on Electronic Posting Requirements

Last July, we wrote about the Occupational Safety and Health Administration’s new electronic reporting requirements, which will require certain employers (those with 250 or more employees, or those with 20-249 employees in specific industries) to electronically submit injury and illness data. When OSHA announced the new reporting requirements, it gave a deadline of July 1, … Continue Reading

OSHA Provides Enforcement Guidance on Workplace Violence Response

When does an incidence of workplace violence rise to the level of a federal case? The Occupational Safety and Health Administration (OSHA) has updated its guidance on just that issue. The OSH Act’s General Duty Clause requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm to … Continue Reading

Blacklisting Executive Order Blacklisted

President Obama and his EO’s Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on various subject matters, some of which were fairly controversial, the Blacklisting Order included. Back in 2014, he issued several high-profile executive … Continue Reading

100 Percent Tie Off: New OSHA Fall Protection Standard for General Industry Employers

For our general industry employers, you have new fall protection standards. As the Occupational Safety and Health Administration uses the term, “general industry” means all employers not in construction, agriculture, or maritime industries. The new rule goes into effect soon – on January 17, 2017 – and employers were given only 60 days of notice to come … Continue Reading

Taking a Bite Out of Crime…and Maybe the Employer? OSHA Fines Company Following Criminal Assault on Employee

The Occupational Safety and Health Administration (OSHA) recently reminded us that every employer needs a violence in the workplace policy or risk citation for third party criminal actions. The OSH Act’s general duty clause requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm to employees. OSHA … Continue Reading

UPDATE: Deadline for OSHA Anti-Retaliation Provisions delayed to November 1, 2016

As an update to last week’s blog post [Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner], the initial deadline to comply with OSHA’s new anti-retaliation provisions has been pushed back from August 10, 2010, to November 1, 2016. Several industry groups filed a complaint in federal court in Texas seeking … Continue Reading

Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner

Employers should note the August 10, 2016, deadline for compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic recordkeeping and reporting rules. Other sections of the new rule, including those which require qualifying employers to submit injury and illness data electronically to OSHA, go into effect on January 1, … Continue Reading

OSHA Penalties Are About to Get A Lot More Expensive

The Occupational Safety and Health Administration (OSHA) published an interim final rule on July 1, 2016, that increases the maximum penalties for citations by more than 75 percent. This is the first increase in OSHA penalties since 1990. Why now, you ask? Well, in November 2015 the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (a … Continue Reading

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that question in the affirmative. The decision will limit an employer’s ability to use a “rogue supervisor” defense to OSHA claims. In Quinlan v. Sec. Dept. … Continue Reading

Know Where to Go When You Gotta Go: OSHA Releases “Best Practices” on Restroom Access for Transgender Workers

Earlier this month, OSHA published a Guide to assist employers who may have questions about providing bathroom access to transgender employees. The brief Guide notes that studies show there are an estimated 700,000 adults in the U.S. who consider themselves to be transgendered. OSHA states that restricting those employees to use restrooms who are not … Continue Reading
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