On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published its long-awaited electronic recordkeeping rule (“final rule”). The final rule creates numerous new recordkeeping obligations and additional administrative burdens for hospitality and other employers. Many employers will now be required to submit injury and illness information to OSHA electronically. OSHA will then attempt
16 Legal Tips: Handling OSHA Citations the Right Way
Epstein Becker Green’s Valerie Butera was one of sixteen legal professionals interviewed to provide a tip for Intelivert’s recent article titled “16 Legal Tips: Handling OSHA Citations the Right Way” (Intelivert, 2016).
The article notes that the lawyers weighed in with “simple, actionable tips that can help you craft your legal strategy and
Lessons Learned from the First Year of OSHA’s Severe Injury Reporting Program
On January 1, 2015, OSHA rolled out its Severe Injury Reporting Program, requiring all employers to report to OSHA within 24 hours any work-related amputations, inpatient hospitalizations, or loss of an eye. The long standing requirement to report work-related fatalities to OSHA within 8 hours also remains in place.
According to a report issued by
OSHA Quietly Changes the Group of Small Businesses Exempt from Inspections
In a recently updated directive to Regional Administrators and State Plan Designees from Dr. David Michaels, Assistant Secretary of Labor for OSHA, the categories of small businesses exempt from programmed health and safety inspections changed.
This exemption applies to workplaces with 10 or fewer workers who perform work in
New DOJ/DOL Initiative Criminalizes Worker Safety Violations – Employment Law This Week
One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is that in a year when OSHA penalties are already set to increase, a new enforcement initiative is putting pressure on companies to make sure they’re compliant.
The Department of Justice and the Department of Labor have
The Eleventh Circuit Carves Out an Exception to the Supervisory Misconduct Defense
To establish that an OSHA regulation has been violated, the Secretary must prove that: (1) the regulation applied; (2) it was violated; (3) an employee was exposed to the hazard that was created; and (4) the employer knowingly disregarded the OSH Act’s requirements. The general rule has been that the knowledge of a supervisor is
OSHA Assures Employers That Rapid Response Investigation Reports Will Not Be Used in Issuing Citations
Since OSHA’s revised fatality and severe injury reporting rule went into effect on January 1, 2015 (see related story), employers have been deeply concerned that the agency would use information contained in Rapid Response Investigation Reports (RRIs) — required by OSHA in response to approximately 50% of the reports made this year —
Dollar Tree Agrees to $825,000 OSHA Fine – Employment Law This Week
One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is Dollar Tree’s $825,000 fine for OSHA violations.
Retail store Dollar Tree has agreed to a hefty fine as well as continual monitoring of its stores across the US. A third-party monitor will conduct audits on 50
Dollar Tree Resolves Multiple OSHA Citations in Burdensome Corporate-Wide Settlement Agreement: Is This a Sign of Things to Come?
OSHA has employed many creative strategies to maximize its enforcement efforts during the Obama administration. One such tactic involves scrutinizing employers with multiple worksites (retailers are a particularly easy target), sending compliance officers to inspect one of the worksites, issuing citations, and then visiting the employer’s other worksites, identifying the same problems found in the
OSHA Fines Are on the Rise: Extended Interview from Employment Law This Week
As our regular readers know, I was recently interviewed on our firm’s new video program, Employment Law This Week. The show has now released “bonus footage” from that episode – see below!
In the interview, I elaborate on my recent post, “Employers Beware: OSHA Fines Are on the Rise for the First Time in