By Mark A. Lies II and Ilana R. Morady
As most employers are aware, OSHA inspections typically involve a request for the employer to produce certain documents. In many cases, employers are unsure of what documents the compliance officer is entitled to see and copy. Employers can also be unsure of how long to retain certain documents required under OSHA.
Continue Reading OSHA-Related Documents: Creation And Retention
By James L. Curtis, Meagan Newman, and Kerry Mohan
“When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the…
Continue Reading DC Circuit Denies Review of OSHA Citation Against SeaWorld: What Does this Mean for the Circus, Football…or Healthcare Providers?
By Brent I. Clark, Meagan Newman, and Ilana R. Morady
This week we are attending the ABA Occupational Safety and Health Law Meeting in Tucson, Arizona. The Agency, the Review Commission, and the Solicitor’s Office all have numerous representatives here. This morning, Tom Galassi, OSHA’s Directorate of Enforcement Programs (DEP) spoke about key issues in enforcement. Some of the…
Continue Reading Straight from OSHA’s Mouth: Live from the ABA Occupational Safety and Health Law Meeting
By Ilana R. Morady and Meagan Newman
The emotional and financial impact of workplace violence events is undeniable and virtually every employer understands the importance of having an effective workplace violence prevention program—yet, many employers stop short when it comes to domestic violence issues. Domestic violence (or “intimate partner violence”), they might think, is not an employer’s problem. Some employers…
Continue Reading Workplace Violence: Does your Program Address Domestic Violence?
By Brent I. Clark and Meagan Newman
In a recent decision, affirming Administrative Law Judge Phillips’ order vacating a general duty clause citation, the Review Commission held that manufacturer instructions–even where coupled with an industry standard–were insufficient proof of hazard recognition as needed to sustain a general duty clause violation. The Review Commission focused on the issue of industry…
Continue Reading Review Commission Says Manufacturer Recommendations and Consensus Standard Not Enough for General Duty Clause Violation
By James L. Curtis, Meagan Newman, and Craig B. Simonsen
The Federal Aviation Administration (FAA), together with the Occupational Safety and Health Administration (OSHA), recently proposed a new policy for addressing flight attendant workplace safety. While FAA aviation safety regulations ordinarily take precedence, the FAA is proposing that OSHA enforce certain occupational safety and health standards not currently…
Continue Reading Draft OSHA Standards Policy for Aircraft Cabin Crewmembers
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Review Commission (OSHRC) recently found that an employer lacked fair notice of an obligation under the general duty clause to provide fall protection equipment, and that the issue of whether the employer’s work policy constituted a feasible means of abatement was not properly plead by the Occupational…
