With the recent passage of Senate Bill 592, the Oregon Legislature has dramatically augmented the range of civil penalties on employers who violate Oregon Safe Employment laws. Previously, Oregon law imposed only the minimum civil penalties prescribed under the federal OSHA. Effective May 24, 2023, the minimum penalty for a single serious violation has
OSHA Legislation
Oregon Legislature Contemplating Updates to the Oregon Safe Employment Act with Oregon Senate Bill 592 (SB 592)
SB 592, if enacted, would create significant changes to the Oregon Safe Employment Act including:
- Allowing for “comprehensive inspection of any place of employment as deemed necessary by the department based upon the prior violation history of the place of employment regarding any state occupational safety or health law, regulation, standard, rule or order.”
SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole
The U.S. Supreme Court heard oral arguments today in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay, with Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and…
Sixth Circuit Deals Blow to OSHA’s Proposed Expedited Briefing Schedule, Says it Will Keep ETS Case
In what is getting to be habit in the OSHA ETS litigation with courts issuing orders late Friday afternoons, the Sixth Circuit on December 3, 2021 tersely denied a petition to transfer the case back to the Fifth Circuit. In the same order, the Sixth Circuit also denied, without explanation, the union petitioners’ bid to…
Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review
As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped to handle the matter. The United Food and Commercial Workers International Union, AFL/CIO-CLC and the…
Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges
Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in that it is an “unprecedented mandate of COVID vaccines based on a rarely used law of questionable applicability.”…
Congress Considering $700,000 OSHA Penalties
A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards.
To read this article in its entirety, please click here.
House Passes Workplace Violence Bill Despite Veto Threat
In a bipartisan 251 to 158 vote, the House of Representatives passed H.R. 1309, which would require the Department of Labor to develop a standard addressing workplace violence in the health care and social services industry. The bill would require that the Department of Labor develop and issue an interim rule on workplace violence…
OSHA Requests Information on Potential Changes to Lockout/Tagout Standard Including Addressing Robotic Technology
OSHA’s Lockout/Tagout Standard at 29 C.F.R. 1910.147 regulates the control of exposure to unexpected energization during service and maintenance on machines or equipment. On May 18, 2019, OSHA issued a Request for Information (RFI) seeking “information regarding two areas where modernizing the Lockout/Tagout standard might better promote worker safety without additional burdens to employers: control…
U.S. House Committee to Focus on Workforce Protections
Signaling a renewed emphasis on workforce protections at the opening of the 116th Congress, the U.S. House of Representatives has changed the name of its committee with jurisdiction over labor matters back to the Committee on Education and Labor. It was called the Committee on Education and the Workforce when Republicans held the majority in…