Insight & Commentary on Occupational Safety & Health Issues
As the Occupational Safety and Health Act (OSH Act) turned 50 in December 2020, the Center for Progressive Reform (CPR) issued “OSHA’s Next 50 Years: Legislating a Private Right of Action to Empower Workers,” in which it suggested that Congress provide a private right of action for employees under the OSH Act.
To…
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind.
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In Virginia, Occupational Safety and Health Administration (OSHA) citations can get dismissed if the agency delays too long.
Virginia Occupational Safety and Health (VOSH) enforces occupational safety and health laws on behalf of OSHA in Virginia. VOSH covers most private employers in Virginia, as well as all state and local employees.
Unlike in other states,…
On April 16, 2020, OSHA issued an Enforcement Memorandum directed to Regional Administrators and State Plan Designees giving them Discretion in Enforcement when Considering an Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic. Under the Memo, OSHA acknowledges that some “employers may face difficulties complying with OSHA standards due to the…
While the Occupational Safety and Health Administration (OSHA) and some states have offered guidance to prevent employee exposure to COVID-19, Los Angeles, the state of New York, and New York City are enforcing more restrictive measures for construction sites.
Based on guidance from the U.S. Centers for Disease Control and Prevention (CDC), the Los Angeles…
You might be surprised to learn that the Occupational Safety and Health Administration (OSHA) enforces 22 different whistleblower protection laws. This includes laws governing workplace safety and health at construction, manufacturing, energy generation or distribution and other worksites. It also includes a broad array of laws that regulate hazards and prohibited activities specific to airlines,…
President Obama recently issued the Department of Labor’s budget request for fiscal year (FY) 2015. As part of the budget request to Congress, the Occupational Safety and Health Administration (OSHA) is seeking a total budget of $565 million, which is an increase of $12.7 million from the enacted FY 2014 budget.
OSHA is also requesting…
OSHA recently launched an initiative that focuses on protecting temporary employees from recognized workplace hazards. Under this initiative, OSHA is directing all OSHA compliance officers to assess whether employers who use temporary workers are complying with their responsibilities under the Occupational Safety and Health Act of 1970. For purposes of this initiative, temporary workers are…
As a cold winter finally comes to an end, many of us look forward to summertime warmth. But while sun and heat may make for a fun day at the beach, they can spell danger for workers who are exposed to soaring temperatures and a rising heat index. According to the Occupational Safety and Health Administration (“OSHA”), thousands of workers in the United States get sick from excessive heat exposure while working outdoors each year and more than 30 workers died in 2012 from heat-related illnesses.
Although OSHA has no heat illness prevention standard, Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (“OSH Act”), known as the General Duty Clause, requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. That includes protecting them from heat stroke and other serious heat-related illness. Of the “State-plan” states running their own safety programs under agreements with OSHA, only California and Washington currently have heat-related illness prevention standards. However, other State-plan states also have general duty clauses in their statutes which may be invoked to address these issues.Continue Reading The Heat is On: What Employers Can Do to Protect Employees from Heat-Related Illness
OSHA recently issued its long-awaited regulatory agenda. The agenda is designed to provide stakeholders with notice of what major regulatory initiatives the agency is planning and the projected timetables for those initiatives.
OSHA’s agenda is the first issued in several months by the agency and provides a glimpse into the regulatory priorities – in…
