Tag: OSHA

OSHA Web Alert: New Enforcement Policy Places Respiratory Hazards Under Employer’s “General Duty”

A new enforcement policy from the Occupational Safety and Health Administration (“OSHA”) states employers may face citations for subjecting their employees to hazardous air contaminants even if the levels are below or not covered by a permissible exposure limit. This new enforcement policy comes from OSHA’s recent memorandum released to the public on December 7, … Continue Reading

OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs.  The new rules are available for review here, but here’s what you need to know: OSHA Postponed Enforcement. OSHA just delayed the date on which it will begin enforcing these new requirements. OSHA’s memo postponing enforcement is available … Continue Reading

OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health Administration (“OSHA”).  A new OSHA rule that goes into effect August 10, 2016 casts serious doubt on whether employers can lawfully … Continue Reading

Safeguarding FSMA’s Protectors: OSHA Issues Interim Whistleblower Reporting Regulations

Our colleague, Alyson Palmer, noted on our Food Liability Law Blog that the U.S. Occupational Safety and Health Administration (OSHA) published an interim final rule on February 13, 2014 creating the process for handling retaliation complaints brought by whistleblowers under Section 402 of the Food Safety Modernization Act (FSMA). Under the new rule, any employee … Continue Reading

Utah Supreme Court “Repudiates” the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January 31, 2014, the Utah Supreme Court repudiated the multi-employer worksite doctrine. Hughes General Contractors v. Utah Labor Commission, 2014 UT 3. The Court based its repudiation on … Continue Reading

OSHA Issues Interim Final Rules on Whistleblower Protection Provisions Under ACA

The Occupational Safety and Health Administration (OSHA) issued an interim final rule and request for comments regarding procedures for handling employee whistleblower complaints under the Affordable Care Act (ACA), Section 1558. This part of the ACA added a new Section 18c to the Fair Labor Standards Act (FLSA), which protects employees from retaliation for exercising certain … Continue Reading

Oregon Court of Appeals Rejects Wrongful Discharge Claims for Health and Safety Retaliation

This morning the Oregon Court of Appeals rejected a plaintiff’s common-law wrongful discharge claim that she was terminated for reporting a health and safety violation.  The Court ruled that the state and federal statutory remedies were adequate, and that she should have filed a statutory claim instead.  Plaintiff Andrea Deatherage was an employee of Super 8 Inn when she … Continue Reading

DOL Proposes New Rule on Measuring Workplace Risks

The U.S. Department of Labor today issued this proposed rule that would change the methods the government uses to measure workplace exposures to toxic substances and hazardous chemicals. Under the proposed rule, the DOL will require that before agencies can issue rulemaking dealing with health issues, they first must solicit input on studies, scientific information, and data on frequency, intensity, … Continue Reading
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