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In July 2016, several trade associations and others (“plaintiffs”) filed suit against OSHA challenging the agency’s anti-retaliation provisions in the final rule, Improve Tracking of Workplace Injuries and Illnesses (81 Fed. Reg. 29,624) (May 12, 2016). The legal challenge alleged the final rule exceeded OSHA’s statutory authority, violated the Administrative Procedures Act and the Occupational…

On October 19, 2016, OSHA published a memorandum interpreting the new anti-retaliation provisions in Section 1904.35 as part of the new final rule – “Improve Tracking of Workplace of Injuries and Illnesses.” In conjunction with the memorandum, OSHA also provided example scenarios of incentive, disciplinary and drug-testing programs and how the new rule…

In response to a request from a federal judge, OSHA has agreed to extend the effective date of the anti-retaliation provisions in it’s new final rule, Improve Tracking of Workplace Injuries and Illnesses until December 1, 2016.

The provisions were originally set to become effective in August and that date was further extended to November…

Jackson Lewis is pleased to announce that the OSHA Law Blog has been nominated as a “Best Legal Blog” in the AmLaw category by The Expert Institute. We need your help! If you enjoy the OSHA blog, please vote for us by clicking here. 

Thank you in advance for your vote! We work …

On September 15, 2016, Governor Brown approved Senate Bill 465 which requires the California Division of Occupational Safety and Health, after consultation with the California Contractors’ State Licensing Board, to transmit to the Board copies of any citations or other actions taken by the Division against a contractor.

Existing law allows the Board to license,…

The U.S. Occupational Safety & Health Review Commission (OSHRC) is the Federal agency that adjudicates contested OSHA citations between employers and the Occupational Safety & Health Administration (OSHA).

On September 1, 2016 OSHRC announced the availability of “electronic filing and service of litigation documents” before the Occupational Safety and Health Review Commission. According to the…

OSHA’s long-awaited Final Rule on Electronic Recordkeeping is out and employers need to prepare for some significant new changes. During this webinar, our presenters will break down the rule to identify steps your company can take now to ensure compliance by the Rule’s most immediate effective date on August 10, 2016. Topics to be covered…