personal protective equipment

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health released yesterday their “new” guidance for “Recommended Practices” to protect temporary workers’ safety and health, for staffing agencies and host employers. DHHS No. 2014-139 (August 25, 2014).

This new guidance comes on
Continue Reading New Guidance for “Recommended Practices” to Protect Temporary Workers

By James L. Curtis and Craig B. Simonsen

Thomas Galassi, the Director of OSHA’s Directorate of Enforcement Programs, recently issued a Memorandum to Regional Administrators on OSHA’s “Policy Background on the Temporary Worker Initiative.” It provides a good lesson from the Agency’s perspective.

We had blogged previously about OSHA’s national emphasis on temporary workers. For instance, Administrator David Michaels published
Continue Reading OSHA Issues Memo to “Remind” its Field Staff about Enforcement Policy on Temporary Workers

By Brent I. Clark and Craig B. Simonsen

The OSHA National Advisory Committee Workgroup will meet to continue its discussion of issues relating to the protection of temporary workers.

The Workgroup will be discussing issues that include perceived gaps in workplace protection for temporary workers, differences between temporary workers and contract workers, and joint responsibility of host employers and staffing
Continue Reading OSHA Holding National Advisory Committee Workgroup Meeting on Temporary Worker Issues

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

OSHA has just announced its first in a series of guidance documents concerning compliance with safety and health requirements when temporary workers are employed under joint (or dual) employment of a staffing agency and a host employer. TWI Bulletin No. 1.

We had blogged previously about Administrator David
Continue Reading OSHA Publishes First in Series of Temporary Worker Initiative Guidance Documents – Injury and Illness Recordkeeping Requirements

By Brent I. Clark and Meagan Newman

OSHA’s request for enterprise-wide relief was denied in a recent ALJ ruling.  This new decision is the first to deny a request from OSHA to extend the employer’s obligation to abate alleged violations at locations other than those cited. Enterprise-wide relief has been a part of OSHA’s more aggressive enforcement posture in recent
Continue Reading OSHA’s Request for Enterprise-wide Relief Denied by First Court to Rule on the Issue

By Brent I. Clark and Meagan Newman

In a recent op-ed OSHA’s top administrator, David Michaels, makes clear that OSHA’s temporary worker focus, announced earlier this year, is here to stay.

We blogged earlier this year when the initiative was announced. In the op-ed Michaels draws a direct connection between the length of time on the job and the
Continue Reading Michaels Opines on OSHA’s Temporary Worker Focus: Emphasis on Training

Our associate, Steve Shardonofsky, looks at a pending Supreme Court case in his recent blog that concerns the use of personal protective clothing and equipment (PPE) required by OSHA regulations. Steve concludes that “because it is not always clear what personal protective clothing or equipment is required by OSHA regulations, employers may want to consider any Fair Labor Standards

Continue Reading Hanging Its Opinion On The “Clothes” Line: Organized Labor Weighs In On The Donning/Doffing Debate

By Mark A. Lies II, Meagan Newman, and Kerry Mohan

Citing recent reports of deaths of temporary employees, many of which have occurred on the first day of the job, OSHA issued a memorandum this week to its Regional Administrators outlining new measures to protect the health and safety of temporary employees.  The agency is making a concerted effort
Continue Reading OSHA Zeroes in on Temporary Worker Issues

By Mark A. Lies, II and Meagan Newman

The 10th Circuit Court of Appeals recently issued a decision that effectively and measurably lowers OSHA’s burden of proof to establish an OSHA violation to “what a reasonably prudent employer would do.” Compass Environmental, Inc. v. Occupational Safety and Health Commission; Department of Labor, No. 10-9541 (Dec. 19, 2011). The decision
Continue Reading Court Lowers Burden of Proof for OSHA