Environmental & Safety Law Update

Category Archives: OSHA Compliance

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OSHA Recommended Practices for Employers for Preventing and Addressing Retaliation

Posted in OSHA Compliance, Whistleblower

By Meagan Newman and Craig B. Simonsen

The Occupational Safety and Health Administration has published a draft document intended to “help employers” to develop a program to protect employees from retaliation when issues or concerns about workplace conditions or activities that could harm workers or members of the public are raised.

The draft, Protecting Whistleblowers: Recommended Practices for Employers for … Continue Reading

It’s the PITs! Employer Guide to Forklift Liability in the Workplace

Posted in OSHA Compliance

By Mark A. Lies, II and Patrick D. Joyce

Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT).

OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials.” Most people think of PITs as forklifts.  Though forklifts come in … Continue Reading

NIOSH and Older Workers in the Workplace

Posted in OSHA Compliance

By Brent I. Clark and Craig B. Simonsen

The National Institute for Occupational Safety and Health (NIOSH) has recently launched its National Center for Productive Aging and Work (Center).

The new “virtual center,” will focus on worker safety at all ages, promoting lifelong well-being, and will advance the concept of “productive aging.” The NIOSH news release about the Center indicates … Continue Reading

Energy Insights: An Update from the Third Quarter of 2015

Posted in Alternative Energy, CAA, Environmental Compliance, Mexico, OSHA Compliance

By Joshua L. Ditelberg and Robert S. Winner

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental Protection Agency on clean power, climate and chemical regulation, 2) the National Labor Relations Board’s major shift on joint-employer … Continue Reading

Employer Ordered to Pay Whistleblower $100,000 Punitive Damages

Posted in OSHA Compliance, Whistleblower

By James L. Curtis and Craig B. Simonsen

In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015), Chief Judge B. Lynn Winmill provides a strong reminder that the Courts will protect from retaliation employees who raise workplace safety issues.

In this case, the whistleblower had contacted OSHA in 2012 to … Continue Reading

NIOSH Drive Safely Work Week 2015 – Is Your Company (and its Policies) Ready?

Posted in OSHA Compliance

By Erin Dougherty Foley and Craig B. Simonsen

The National Institute for Occupational Safety and Health (NIOSH) Center for Motor Vehicle Safety (CMVS), through its NIOSH Science Blog, recently featured the Drive Safely Work Week campaign. The event is scheduled for this week, October 5-9, 2015.

Drive Safely Work Week is sponsored by the Network of Employers for Traffic … Continue Reading

OSHA Says You Should Train Employees on How to Do Their Laundry

Posted in OSHA Compliance

By Meagan Newman and Adam R. Young

On June 1, 2015, federal OSHA released an Interpretation Letter requiring that employers train employees on the laundering requirements of fire retarding (FR) and arc-rated clothing.

The question, submitted to OSHA by the United Association of Plumbers and Pipefitters, sought OSHA’s enforcement position on the Personal Protective Equipment (PPE) Standard, 29 C.F.R. § … Continue Reading

OSHA Updates “General Industry Digest”

Posted in OSHA Compliance

By Brent I. Clark, Adam R. Young, and Craig B. Simonsen

Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015.

The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and safety and health professionals in achieving compliance.

The Digest provides summaries of the “standards … Continue Reading

OSHA Implications Under the NLRB’s New Expansive Definition of Joint Employer

Posted in OSHA Compliance

By Meagan Newman, Ilana R. Morady, and James L. Curtis

Last week on our Employer Labor Relations Blog we wrote about a recent ruling of the National Labor Relations Board in the Browning-Ferris Industries (BFI) case that vastly expanded the definition of joint employer.

The case involved two companies, BFI and Leadpoint. Under a contract with BFI, Leadpoint … Continue Reading

IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

Posted in Investigations/Inspections, OSHA Compliance

By James L. Curtis, Craig B. Simonsen, and Ronald J. Kramer

The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are asking franchise owners, which appear designed to establish joint employer relationship between franchisors and local … Continue Reading