Federal OSHA

OSHA Updates Guidance on Safety Incentive Programs and Drug Testing

The Occupational Safety and Health Administration (OSHA) has issued updated enforcement guidance on the role of post-incident drug testing and safety incentive programs under the agency’s anti-retaliation rule. The new interpretation widens the scope of permissible programs under the rule, which should provide some comfort to employers who have expressed concern that long-running workplace safety Read more

Electronic Recordkeeping Rule Applies to Employers Covered By OSHA State Plan

The Occupational Safety and Health Administration (OSHA) announced on April 30, 2018 that the agency was in error when it previously said that employers covered by an OSHA State Plan did not need to electronically submit injury and illness data unless required by state regulations. Starting this year, all employers who are covered by the Read more

DOJ Shakes Federal Consensus on Gender Identity Discrimination

Those who hoped that the new administration would bring “certainty” for employers are probably a bit disappointed right now, as the most recent move from the federal government raises more questions about protections for transgender employees under federal law. On Wednesday, the U.S. Department of Justice (DOJ) released a memo which resets federal policy on Read more

OSHA

The Occupational Safety and Health Administration (OSHA) has pulled back a controversial guidance letter authorizing union officials to act as employee representatives for non-unionized workplaces during OSHA inspections. Under the Occupational Health and Safety Act, a representative of the employer and a representative authorized by employees are allowed to accompany a Compliance Safety and Health Read more

On January 18, the U.S. Department of Labor released its Final Rule establishing the civil monetary penalty amounts, adjusted for inflation, which can be issued by the various agencies under the DOL’s authority for violations assessed after January 13, 2017. These agencies include, among others, the Office of Workers’ Compensation Programs, the Wage and Hour Read more

Despite legal challenges and controversy, the Occupational Health and Safety Administration (OSHA) will begin enforcing its new anti-retaliation and anti-deterrence regulations December 1 of 2016. The regulations became effective as of August 10, 2016, but OSHA has delayed enforcement twice in order to address members of the regulated community who found the provisions unclear and Read more

The Occupational Safety and Health Administration (OSHA) recently announced that it is pushing back the enforcement deadline for its anti-retaliation regulations for the second time this year. Although they became effective as of August 10, OSHA originally chose to delay enforcement for these regulations, including the required posting of an anti-retaliation statement, until November 1. Read more

We are all familiar with the Occupational Safety and Health Administration commonly referred to as OSHA.  This federal agency is responsible for ensuring employers provide workers with a safe and healthful workplace. The agency is also charged with approving and monitoring State OSH plans. OSHA conducts inspections, often without advance notice, to ensure employers throughout Read more