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1,119 results on '"Occupational Safety and Health Act of 1970"'

1. OSHA's Authority to Regulate Workplace Heat

Author

Shaw, Reed

Subjects
Government regulation, Company business management, Heat stress disorders -- Prevention -- Care and treatment -- Laws, regulations and rules, Work environment -- Heating, cooling and ventilation -- Laws, regulations and rules, Executive power -- Laws, regulations and rules, Heating -- Standards -- Health aspects -- Laws, regulations and rules, Effectiveness and validity of law -- Analysis, Public health law -- Evaluation, Occupational health and safety -- Prevention -- Care and treatment -- Laws, regulations and rules -- Management, West Virginia v. EPA (142 S. Ct. 2587 (2022)), National Federation of Independent Business v. Department of Labor (142 S. Ct. 661 (2022)), United States. Occupational Safety and Health Administration -- Powers and duties -- Standards, Occupational Safety and Health Act of 1970
Abstract

Introduction The Occupational Safety and Health Administration (OSHA) recently announced its intention to begin a standard-setting process on workplace heat exposure. (1) Since OSHA began public deliberations about regulating occupational [...]

Published
2024

2. Trends in Accident Compensation Before and After the 1972 Burton Commission

Author

Fishback, Price and Yuan, Andy Ye

Subjects
Personal injuries -- Laws, regulations and rules -- Research, Compensation (Law) -- Laws, regulations and rules -- Research, Collective bargaining -- Laws, regulations and rules -- Research, Negligence -- Laws, regulations and rules -- Research, Workplace accidents -- Laws, regulations and rules -- Research, Occupational health and safety -- Laws, regulations and rules -- Research, Workers' compensation -- Laws, regulations and rules -- Research, Government regulation, Business, Human resources and labor relations, Law, Occupational Safety and Health Act of 1970
Abstract

Introduction State governments made major changes in how workplace accidents were compensated when they passed workers' compensation laws between 1911 and 1948. The laws required employers to provide compensation to [...]

Published
2023

3. Fifty Years After 'Inadequate and Inequitable': Reflections on the Report of the National Commission on State Workmen's Compensation Laws

Author

Duff, Michael C.

Subjects
Personal injuries -- Laws, regulations and rules, Equitable remedies -- Laws, regulations and rules, Compensation (Law) -- Laws, regulations and rules -- Reports, Work environment -- Laws, regulations and rules -- Safety and security measures, Inflation (Finance) -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Workers' compensation -- Laws, regulations and rules -- Reports, Government regulation, Business, Human resources and labor relations, Law, Occupational Safety and Health Act of 1970
Abstract

Introduction It has been fifty years since the National Commission on State Workmen's Compensation Laws released its landmark report concluding that the workers' compensation system in the United States 'was [...]

Published
2023

4. With demise of 'Chevron' deference, what's next?

Author

Shelton, Troy

Subjects
Delegation of powers -- Laws, regulations and rules, Executive power -- Laws, regulations and rules, Separation of powers -- Laws, regulations and rules, Administrative discretion -- Laws, regulations and rules, Delegated legislation -- Laws, regulations and rules, Judicial review of administrative acts -- Laws, regulations and rules, Government regulation, Law, News, opinion and commentary, Corner Post, Inc. v. Board of Governors of the Federal Reserve System (No. 22-1008 (U.S. July 1, 2024)), Chevron U.S.A., Inc. v. Natural Resources Defense Council (467 U.S. 837 (1984)), Loper Bright Industries v. Raimondo (No. 22-451 (U.S. June 28, 2024)), Administrative Procedure Act, Occupational Safety and Health Act of 1970
Abstract

Byline: Troy Shelton Shelton It was a bad term for the administrative state. InCorner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court upended [...]

Published
2024

5. Employee's public policy claim revived in split ruling

Author

Linsner, Cory

Subjects
Lex talionis -- Laws, regulations and rules, Summary judgments -- Laws, regulations and rules, Employment discrimination -- Laws, regulations and rules, Public policy (Law) -- Evaluation, Exclusive and concurrent legislative powers -- Laws, regulations and rules, Employee dismissals -- Laws, regulations and rules, Recall of judicial decisions -- Laws, regulations and rules, Government regulation, Law, News, opinion and commentary, Stegall v. Res. Tech. Corp. (989 N.W.2d 821 (Mich. 2023)), Michigan. Occupational Safety and Health Act, Occupational Safety and Health Act of 1970, Whistleblower Protection Act of 1989
Abstract

Byline: CORY LINSNER A retaliatory discharge claim brought on public policy grounds is not preempted by state statutes with antiretaliation provisions and associated remedies, the Michigan Supreme Court has held [...]

Published
2024

6. EMPLOYMENT LAW VIOLATIONS

Author

Jettner, Sean

Subjects
Intentional torts -- Laws, regulations and rules, Sanctions (Law) -- Laws, regulations and rules, Labor unions -- Laws, regulations and rules -- Finance, Employment discrimination -- Laws, regulations and rules, Criminal liability -- Laws, regulations and rules, Corporations -- Ethical aspects, Occupational health and safety -- Standards -- Laws, regulations and rules, Death -- Causes of, Defense (Criminal procedure) -- Laws, regulations and rules, Government regulation, Company financing, Law, Labor-Management Reporting and Disclosure Act of 1959, Federal Mine Safety and Health Amendment Act of 1977, Labor Management Relations Act (29 U.S.C. 186), Fair Labor Standards Act (s. 3), Occupational Safety and Health Act of 1970
Abstract

I. INTRODUCTION 670 II. WORKER SAFETY 671 A. The Occupational Safety and Health Act 671 1. Employer's Willful Violation of a Standard Causing Death 672 a. Elements of the Offense [...]

Published
2023

7. Protecting Essential Frontline Workers in the U.S. During the Coronavirus Pandemic-OSHA, State Regulation and Implications of Federalism

Author

Spieler, Emily A.

Subjects
Work environment -- Safety and security measures -- Health aspects -- Laws, regulations and rules, Federalism -- Analysis, Unemployment -- Laws, regulations and rules, Risk management -- Health aspects, Occupational health and safety -- Laws, regulations and rules, Medical personnel -- Laws, regulations and rules -- Safety and security measures, Government regulation, Risk management, Law, Occupational Safety and Health Act of 1970
Abstract

This lecture--now an article--is about the COVID-19 pandemic and its impact on the health and safety of essential frontline workers. (3) This larger story includes several important themes: the complexity [...]

Published
2023

8. Expanding Coverage of the U.S. Occupational Safety and Health Act to Protect Workers from Severe Psychological Harm

Author

Yamada, David C.

Subjects
Harm principle (Ethics) -- Psychological aspects, Work environment -- Safety and security measures -- Psychological aspects, Mental health -- Management, Public health law -- Evaluation, Occupational health and safety -- Laws, regulations and rules -- Psychological aspects, Medical personnel -- Laws, regulations and rules -- Health aspects -- Psychological aspects, Government regulation, Company business management, Law, Occupational Safety and Health Act of 1970
Abstract

I. Introduction In October 2022, Dr. Vivek Murthy, Surgeon General of the United States, released a major report, The U.S. Surgeon General's Framework for Workplace Mental Health & Well-Being {Surgeon [...]

Published
2023

9. Workplace Law After 'Loper': Workplace Safety And Health Enforcement (Video)

Author

Paul, Melanie L.

Subjects
United States. Department of Labor -- Powers and duties, United States. Occupational Safety and Health Administration -- Powers and duties, Labor law -- Interpretation and construction, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

The recent SCOTUS decision in Loper Bright may make it difficult for the Occupational Safety and Health Administration to enforce its authority in court. self Transcript Melanie L. Paul Principal [...]

Published
2024

10. Prevention Each Day Keeps the Inspector Away: Understanding occupational safety and health enforcement

Author

Dewalt, Sean

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Occupational health and safety -- Management -- Laws, regulations and rules, Government regulation, Company business management, Business, Business, regional, Occupational Safety and Health Act of 1970
Abstract

The Occupational Safety and Health Act of 1970 authorized the US Secretary of Labor to set 'mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by [...]

Published
2023

11. Americana Administrative Law

Author

Baumann, Beau J.

Subjects
Administrative law -- Interpretation and construction, Executive power -- Laws, regulations and rules, Americana -- Laws, regulations and rules -- Analysis, Government regulation, Law, Occupational Safety and Health Act of 1970
Abstract

On January 13, 2022, the Supreme Court blocked the Biden Administration's vaccine-or-test mandate, a measure meant to save thousandas of lives amid a once-in-a-century pandemic. Justice Gorsuch's concurrence suggested that the Court's decision vindicated the nondelegation doctrine, even if indirectly. Gorsuch argued that Congress could not be left to its own devices because open-ended delegations corrupt congressional incentives. The Gorsuch concurrence marks the triumph of a new pitch for judicial self-aggrandizement this Article calls 'Americana administrative law.' Rather than hyping the threat of executive aggrandizement, nondelegationists are deploying cynical and declinist notions of Congress to justify judicial self-aggrandizement. The 'Americana' in Americana administrative law comes from nondelegationists' attempt to restore an idealized Congress that has never worked as cleanly as they suppose. Beyond the nondelegation doctrine, the administrative law literature often justifies judicial interventions with claims of congressional 'gridlock,' partisanship, and decline. This Article has two main contributions. First, this Article describes the rise of Americana administrative law from the 'constitutional politics' around the nondelegation doctrine. I provide a genealogy for this approach and frame it as a pitch for judicial self-aggrandizement. Second, this Article provides a corrective. The courts are neither above nor outside separation-of-powers conflicts. They are instead participants in the ongoing interbranch contest for the ability to determine outcomes. Americana administrative law ignores much of what we know about Congress. Congress is an evolving body at the end of a centuries-long experiment with legislatures. It has developed 'hard' and 'soft' powers that allow it to realize its agenda and defend itself from the other branches. This Article argues that the law and the literature should drop the pretense that judicial doctrine can 'fix' an institution as complex as Congress., Table of Contents Introduction I. The Centrality of Congress in Our Administrative Law A. CONGRESS AS A SUBJECT AND AN OBJECT OF ADMINISTRATIVE LAW DOCTRINE B. EPICYCLES OF ANTI-ADMINISTRATIVISM AND [...]

Published
2023

12. Litigation by Ambush: The Struggle to Obtain Fair Notice of OSHA Allegations

Author

Sapper, Arthur G.

Subjects
United States. Occupational Safety and Health Administration -- Practice -- Research -- Standards, Administrative procedure -- Laws, regulations and rules -- Management -- Research, Occupational health and safety -- Laws, regulations and rules -- Management -- Remedies, Notice (Law) -- Laws, regulations and rules -- Management, Government regulation, Company business management, Law, Political science, Federal Rules of Civil Procedure Fed. R. Civ. P. 9(b), Occupational Safety and Health Act of 1970
Abstract

Employers face great obstacles in learning the details of the allegations that OSHA is making against them; to do so, they must pursue expensive and often unsuccessful discovery. A provision of the Occupational Safety and Health Act was supposed to prevent this problem by requiring that violations be described 'with particularity.' The provision has, however, been construed into insignificance. The courts have held that OSHA's allegations need provide only 'fair notice' and thus that ambiguities in allegations may be cured during discovery or even at the hearing. No court has ever examined whether such holdings are consistent with the plain meaning of 'particularity' or with case law construing a similar requirement for fraud allegations in Federal Rule of Civil Procedure 9(b). Under that case law, particularity in allegations must be provided in the complaint, not in discovery or at trial. This article urges that the wholly independent agency charged with adjudication of OSHA cases revitalize the particularity requirement by adopting an interpretive rule stating that henceforth it will be applied as written and that it will be construed as is Federal Rule 9(b)., TABLE OF CONTENTS I. THE PROBLEM 714 II. SECTION 9(A) OF THE OSH ACT: THE REQUIREMENT FOR 'PARTICULARITY' 715 III. FED. R. CIV. P. 9(B) AND OTHER REQUIREMENTS FOR PARTICULARITY [...]

Published
2022

13. Is Safety Compliance Putting Your Project In Jeopardy? Examining The Essentials Of DOE's Worker Safety And Health Program

Author

Daniels, Lucas T.

Subjects
United States. Department of Energy -- Powers and duties, United States. Occupational Safety and Health Administration -- Powers and duties, Powers and duties, Laws, regulations and rules, Government regulation, Construction industry -- Laws, regulations and rules, Occupational safety and health -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Occupational Safety and Health Act of 1970
Abstract

Most contractors are familiar with the myriad of labor and safety regulations intended to safeguard the health and safety of workers. Many contractors will be equally familiar with the maze [...]

Published
2024

14. OSH Law Primer, Part VII: Refusals To Work And Whistleblower Protection

Author

Surma, John D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Labor law -- Interpretation and construction, Employee rights -- Laws, regulations and rules, Whistle blowing -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

This is the seventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 [...]

Published
2024

15. REP. SCHIFF INTRODUCES LANGUAGE ACCESS FOR WORKERS ACT TO IMPROVE TRANSLATION SERVICES FOR EMPLOYEES

Subjects
Workers -- Training, Hazardous substances, Risk assessment, Hazardous wastes -- Waste management, Occupational health and safety, News, opinion and commentary, Occupational Safety and Health Act of 1970
Abstract

WASHINGTON -- The following information was released by the office of California Rep. Adam Schiff: Today, Representative Adam Schiff (D-Calif.) introduced the Language Access for Workers Act, which would help [...]

Published
2024

16. MARIJUANA USE BY EMPLOYEES: DRUG-FREE POLICIES AND THE CHANGING LEGAL LANDSCAPE

Author

Cork, Kerry

Subjects
Marijuana -- Usage -- Laws, regulations and rules, Mandatory drug testing -- Management -- Laws, regulations and rules, Workplace accommodation -- Laws, regulations and rules, Human resource management -- Health aspects, Occupational health and safety -- Management -- Laws, regulations and rules, Urban population -- Employment -- Drug use -- Laws, regulations and rules, Workers' compensation -- Laws, regulations and rules, Employee drug abuse -- Laws, regulations and rules -- Remedies -- Control, Unemployment insurance -- Laws, regulations and rules, Discrimination against disabled persons -- Prevention -- Remedies -- Laws, regulations and rules, Nonsmoking areas -- Laws, regulations and rules, Government regulation, Company business management, Law, Drug-Free Workplace Act of 1988, Occupational Safety and Health Act of 1970
Abstract

Introduction 594 I. Background 594 II. Employment Drug Laws and Policies 596 A. Federal Level 596 1. Drug-Free Workplace Act 597 2. Occupational Health and Safety Act 599 3. Other [...]

Published
2022

17. The Right to Dignified Menstruation at Work?

Author

Karin, Marcy L.

Subjects
Wellness programs -- Laws, regulations and rules -- Management, Social movements -- Laws, regulations and rules, Employment discrimination -- Laws, regulations and rules, Sex discrimination -- Laws, regulations and rules, Menopause -- Laws, regulations and rules -- Health aspects -- Social aspects, Human rights -- Laws, regulations and rules, Menstruation -- Laws, regulations and rules -- Health aspects -- Social aspects, Workplace accommodation -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Stigma (Social psychology) -- Laws, regulations and rules -- Social aspects, Government regulation, Company business management, Law, Political science, Social sciences, Family and Medical Leave Act of 1993, Americans with Disabilities Act of 1990, Civil Rights Act of 1964 (42 U.S.C. 2000e), Occupational Safety and Health Act of 1970
Abstract

Systemic barriers related to stigma and subordination at work exist because of menstruation and related conditions. This results from the failure of many workplaces to acknowledge, anticipate, or accommodate the [...]

Published
2023

18. UNDER PRESSURE: ADDRESSING WAREHOUSE PRODUCTIVITY QUOTAS AND THE RISE IN WORKPLACE INJURIES

Author

Gordon, Julia Lang

Subjects
Amazon.com Inc. -- Laws, regulations and rules, Warehouses -- Laws, regulations and rules -- Safety and security measures, Work-related injuries -- Laws, regulations and rules, Labor productivity -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Whistle blowing -- Laws, regulations and rules, Right of action -- Laws, regulations and rules, Government regulation, Law, Occupational Safety and Health Act of 1970
Abstract

Introduction 150 I. The Relationship Between Productivity Quotas and Employee Injuries 153 II. Enabling Factors of the High Employee Injury Rates at Amazon Warehouses 157 A. Unrestricted Employee Surveillance 157 [...]

Published
2021

19. OSH Law Primer, Part IV: The General Duty Clause

Author

Russell, Phillip

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act and the Occupational Safety and Health Administration [...]

Published
2024

20. Employers Face Increased Risk Of OSHA Violations

Author

Taylor, Ronald

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

Insights from the Solicitor of Labor's 2023 Enforcement Report The Department of Labor recently published the Solicitor of Labor's (SOL) 2023 Enforcement Report, which provides insight into the Department's initiatives [...]

Published
2024

21. OSH Law Primer, Part II: Creating Standards And Regulations

Author

Davis, Frank D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Occupational health and safety -- Standards -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health [...]

Published
2024

22. Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

Author

Young, Adam

Subjects
United States. Department of Labor -- Powers and duties, United States. Occupational Safety and Health Administration -- Powers and duties, Criminal law -- Interpretation and construction, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers' representatives in fatality [...]

Published
2024

23. Turning Up The Heat On OSHA's Winter Weather Guidelines

Author

Davis, Frank D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Business, international, Occupational Safety and Health Act of 1970
Abstract

In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of [...]

Published
2024

24. Arbitrating 'Just Cause' for Employee Discipline and Discharge in the Era of Covid-19

Author

Raphael, Alyson

Subjects
Labor arbitration -- Laws, regulations and rules -- Methods -- Remedies, Employee dismissals -- Laws, regulations and rules -- Negotiation, mediation and arbitration -- Remedies, Employee discipline -- Laws, regulations and rules -- Negotiation, mediation and arbitration -- Remedies, Government regulation, Law, Philosophy and religion, Family and Medical Leave Act of 1993, Labor Management Relations Act, National Labor Relations Act, Families First Coronavirus Response Act of 2020, Occupational Safety and Health Act of 1970
Abstract

INTRODUCTION The recent spread of the novel coronavirus (Covid-19) in the United States has led to economic recession, widespread industry shutdowns, and disruption in the lives of millions of American [...]

Published
2021

25. Texas's HB 2127 'Death Star' Law Doesn't Strike Back Against Employers' Workplace Safety And Health Responsibilities

Author

Surma, John D.

Subjects
Bills, Legislative, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Texas. Regulatory Consistency Act (Draft), Occupational Safety and Health Act of 1970
Abstract

Along time ago in a galaxy far, far away ... or, more precisely, last month in the Texas Capitol in Austin, Governor Greg Abbott signed into law House Bill (HB) [...]

Published
2023

26. Be Ready To Defend The Castle: Employers Need A Written OSHA Inspection Management Policy

Author

Young, Adam

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Labor law -- Interpretation and construction, Liability (Law) -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

By Adam R. Young1 and Mark A. Lies II2 Federal OSHA conducted 24,333 onsite inspections in 2021, resulting in thousands of citations. Make no mistake, OSHA (and especially Cal/OSHA) have [...]

Published
2023

27. OSHA Signals Rulemaking To Broaden Scope Of Who Is Permitted To Accompany Compliance Officers During Worksite Inspections

Author

Surma, John D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Regulatory compliance -- Laws, regulations and rules, Labor law -- Interpretation and construction, Nonunion employees -- Social aspects, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § [...]

Published
2023

28. Eleventh Circuit Limits General Duty Clause's Applicability When A Specific Safety Standard Exists For A Particular Hazard

Author

Surma, John D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Labor law -- Interpretation and construction, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration's (OSHA) use of the 'General Duty [...]

Published
2023

29. Report From Day 2 Of The 2023 ABA OSHA/MSHA Law Conference

Author

Clark, Brent

Subjects
United States. Occupational Safety and Health Administration -- Conferences, meetings and seminars, United States. Mine Safety and Health Administration -- Conferences, meetings and seminars, Occupational health and safety -- Conferences, meetings and seminars -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. [...]

Published
2023

30. Is An OSHA Workplace Violence Standard For The Healthcare Industry On The Way?

Author

Pinkstone, Wayne E.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Business, international, Occupational Safety and Health Act of 1970
Abstract

The Occupational Safety and Health Administration (OSHA) has identified violence in healthcare settings as a significant occupational risk, and a new workplace violence standard for the healthcare industry could be [...]

Published
2023

31. OSHA Seeks To 'Modernize, Expand, And Enhance' Its Voluntary Protection Programs

Author

Surma, John D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Business, international, Occupational Safety and Health Act of 1970
Abstract

Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., [...]

Published
2023

32. Revisiting Volks-Is OSHA Buying Itself More Time To Issue More Citations?

Author

Surma, John D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Annotations and citations (Law) -- Laws, regulations and rules, Workplace accidents -- Records and correspondence -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

Recordkeeping under the Occupational Safety and Health (OSH) Act is often top of mind for workplace safety professionals. Under the OSH Act, employers must record injuries and illnesses resulting in [...]

Published
2023

33. There Is A New OSHA Coming To Town - And It Is About To Get Real (Expensive)

Author

Kaplan, Daniel

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Business, international, Occupational Safety and Health Act of 1970
Abstract

Since the Biden Administration assumed control in 2021, the Department of Labor (DOL) has been increasingly focused on enforcement. That is particularly true when it comes to safety and health [...]

Published
2023

34. Third Circuit: No OSHA Investigation? No OSHA Litigation

Author

Zidian, Chloe C.

Subjects
United States. Court of Appeals for the 3d Circuit -- Powers and duties, Business, international, Occupational Safety and Health Act of 1970
Abstract

Upon the conclusion of OSHA's standard enforcement procedures and absent a finding of an imminent threat in the workplace, an employee's private action for allegedly unsafe conditions cannot stand. In [...]

Published
2023

35. Third Circuit Limits Employee Private Right Of Action Under OSH Act

Author

Siepman, Kenneth B.

Subjects
Business, international, Occupational Safety and Health Act of 1970
Abstract

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed [...]

Published
2023

36. What Is OSHA's Role In Light Of The NLRB's Position That Student-Athletes Are University Employees?

Author

Surma, John D.

Subjects
United States. National Labor Relations Board -- Laws, regulations and rules, United States. Occupational Safety and Health Administration -- Powers and duties, Work-related injuries -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, College athletes -- Laws, regulations and rules, Football (Professional) -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

Anyone who follows professional football is well aware that Buffalo Bills safety Damar Hamlin collapsed on the field during a Monday Night Football game on January 2, 2023. The sight [...]

Published
2023

37. New York State Poised To Significantly Increase Fines For Workplace Injuries And Deaths

Author

Holmes, Matthew

Subjects
New York. State Legislature -- Powers and duties, Bills, Legislative, Work-related injuries -- Laws, regulations and rules, Labor law -- Interpretation and construction, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

On December 12, 2022, the New York State Legislature passed a workplace safety bill known as 'Carlos' Law.' This bill, originally introduced in 2017 and named for an individual who [...]

Published
2022

38. Proposed Toxic Release Inventory Changes Would Impact Reporting Of PFAS And Supplier Notification Requirements

Author

Coppinger, Nessa Horewitch

Subjects
United States. Environmental Protection Agency -- Laws, regulations and rules, Pesticides industry -- Laws, regulations and rules, Herbicides -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Chemical industry -- Laws, regulations and rules, Government regulation, Business, international, National Defense Authorization Act for Fiscal Year 2020, Occupational Safety and Health Act of 1970
Abstract

On December 5, 2022, the U.S. Environmental Protection Agency (EPA) proposed to modify Toxic Release Inventory reporting to increase reporting for listed per- and polyfluoroalkyl substances (PFAS) by identifying them [...]

Published
2022

39. One woman sharing workplace bathrooms with 50 men

Author

Miller, Karla L.

Subjects
United States. Equal Employment Opportunity Commission -- Powers and duties, United States. Occupational Safety and Health Administration -- Powers and duties, Sex discrimination against women -- Laws, regulations and rules, Bathrooms -- Laws, regulations and rules, Occupational health and safety -- Demographic aspects -- Laws, regulations and rules, Government regulation, General interest, News, opinion and commentary, Civil Rights Act of 1964. Title VII, Occupational Safety and Health Act of 1970
Abstract

Byline: Karla L. Miller Reader: I'm a woman working with about 50 men. Our workplace has three bathrooms: one disability-accessible bathroom that all of us can use, one men-only single [...]

Published
2022

40. OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities: COVID-19 Issues

Author

Szymendera, Scott D.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Epidemics -- Control -- United States, Local government -- Laws, regulations and rules -- United States, Federal jurisdiction -- Laws, regulations and rules, Government regulation, Government, Occupational Safety and Health Act of 1970
Abstract

Updated February 11, 2021 As states and their public school systems consider how to provide education to students during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, they face the safety [...]

Published
2021

41. OSHA Proposes Award Of $22 Million In Whistleblower Case

Author

Dubberly, David E.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Labor law -- Cases -- Interpretation and construction, Financial services industry -- Laws, regulations and rules, Whistle blowing -- Laws, regulations and rules, Company legal issue, Government regulation, Financial services industry, Business, international, Sarbanes-Oxley Act of 2002, Occupational Safety and Health Act of 1970
Abstract

On Sept. 1, 2022, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a news release claiming that a financial services employer 'violated the whistleblower protection provisions [...]

Published
2022

42. Hurricane Ian And Preparing For Landfall: Employer Best Practices In The Face Of A Natural Disaster

Author

Shillingstad, Hal A.

Subjects
Hurricane Ian, 2022, Business, international, Family and Medical Leave Act of 1993, Worker Adjustment and Retraining Notification Act of 1988, Fair Labor Standards Act, Consolidated Omnibus Budget Reconciliation Act of 1985, Occupational Safety and Health Act of 1970
Abstract

Hurricane Ian is expected to make landfall somewhere between Tampa, Florida, and the Florida panhandle this week as a Category 4 hurricane according to the National Hurricane Center. Evacuation orders [...]

Published
2022

43. OSHA Expands Criteria For Severe Violator Enforcement Program

Author

Lanham, Jayni A.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

In an announcement that expands the criteria for entry into the Occupational Safety and Health Administration's (OSHA) Severe Violator Enforcement Program, OSHA has signaled that it is making enforcement a [...]

Published
2022

44. When Is 'Too Hot' Actually Too Hot To Work? OSHA Cites Contractor After Florida Farm Worker Fatality

Author

Russell, Phillip

Subjects
Work-related injuries -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

On August 12, 20222, the Occupational Safety and Health Administration (OSHA) issued a citation to a farm labor contractor alleging violations for exposing workers to high ambient outdoor heat following [...]

Published
2022

45. OSHA Recommends A Safety And Health Management System - Does Your Business Need One?

Author

Young, Adam

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Liability (Law) -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

Seyfarth Synopsis: Safety and health management systems (SHMSs) may demonstrate a commitment to improving safety and health outcomes, and reduce legal liabilities. The federal OSHA standards mandate a series of [...]

Published
2022

46. COVID-19 Liability: Tort, Workplace Safety, and Securities Law

Author

Lewis, Kevin M., Lobert, Joshua T., Shen, Wen W., and Shimabukuro, Jon O.

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, United States. Congress -- Powers and duties, Epidemics -- Control -- Social aspects, Tort law -- Cases, Securities law -- Cases, Occupational health and safety -- Laws, regulations and rules, Company legal issue, Government regulation, Government, Public Readiness and Emergency Preparedness Act of 2005, Coronavirus Aid, Relief, and Economic Security Act of 2020, Occupational Safety and Health Act of 1970
Abstract

September 24, 2020 Contents State Common Law Tort Liability Potential Sources of COVID-19-Related Liability Negligence Medical Malpractice Potential Limits on COVID-19 Liability Federal Statutes State Laws and Doctrines Other Existing [...]

Published
2020

47. The Status Of OSHA's Impending Heat Stress Standard

Author

Irving, Stephen

Subjects
United States. Occupational Safety and Health Administration -- Powers and duties, Heat stress disorders -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules, Government regulation, Business, international, Occupational Safety and Health Act of 1970
Abstract

There has been much talk in the last several months about OSHA's intent to establish a national standard to prevent heat-related injury and illness. OSHA's Region VI, covering the states [...]

Published
2022

48. The need for a general duty of care

Author

Hopkins, Andrew

Subjects
Occupational safety and health -- Laws, regulations and rules, Duty of care (Law) -- Laws, regulations and rules -- Analysis, Government regulation, International relations, Law, Mass communications, Occupational Safety and Health Act of 1970
Abstract

I. THE ALARP REQUIREMENT A. The Meaning of ALARP B. The Value of ALARP II. GENERAL DUTIES IN THE UNITED STATES IN RELATION OF WORKER HEALTH AND SAFETY A. The [...]

Published
2015

49. Biden Tests the Limits Of Presidential Power In Pushing Vaccinations

Author

Shear, Michael D. and Scheiber, Noam

Subjects
United States. Occupational Safety and Health Administration -- Laws, regulations and rules -- Powers and duties, Vaccination -- Laws, regulations and rules, Occupational health and safety -- Laws, regulations and rules -- Political aspects, Government regulation, General interest, News, opinion and commentary, Occupational Safety and Health Act of 1970
Abstract

White House officials said the president was ''committed to pulling every lever possible'' in the fight against the pandemic. WASHINGTON -- President Biden's far-reaching assertion of executive authority to require [...]

Published
2021

50. OSHA's feasibility policy: the implications of the 'infeasibility' of respirators

Subjects
United States. Occupational Safety and Health Administration -- Standards, Exemption (Law) -- Evaluation, Hazardous substances -- Risk assessment, Respirators -- Laws, regulations and rules, Government regulation, Law, Occupational Safety and Health Act of 1970
Abstract

In 1970, Congress enacted the Occupational Safety and Health Act (1) (OSH Act). As part of its comprehensive framework for promoting safe working conditions, the statute empowered the Occupational Safety [...]

Published
2016

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