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HTMLImproper Asbestos Removal at School for the Blind Site
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 18, 2014
The Environmental Protection Agency (EPA) is currently investigating the possibility of improper asbestos removal at the site of the former Michigan School for the Blind. The investigation has followed after Michigan construction company, MAC Contracting, LLC, was accused of improperly and unsafely...

 

HTMLNLRB Encourages Employees to Also File Complaints with OSHA and Department of Labor
Jerry L. Stovall; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
August 25, 2014, previously published on August 18, 2014
National Labor Relations Board issued Memorandum OM 14-77 on August 8, 2014, in which it instructed Regional offices to encourage employees who have filed an unfair labor practice charge with the NLRB to also file complaints with the Occupational Safety and Health Administration (OSHA) and the Wage...

 

HTMLYou're NOT Paranoid - the Agencies ARE Ganging Up
Dabney D. Ware; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government activity, and that twitchy sense of more government scrutiny is actually well...

 

HTMLNLRB Memoranda Encourage Cooperation Between OSHA, WHD and NLRB In Advising Employees of Possible Claims
Steven E. Bers, Jeffrey C. Seaman; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
August 21, 2014, previously published on August 13, 2014
Recent memoranda issued by the General Counsel of the NLRB’s Operations Management Division make it clear that OSHA, Labor’s Wage and Hour Division, and the NLRB Regional Offices are going to be taking a more coordinated, less compartmentalized approach to addressing workplace...

 

HTMLWill OSHA's Misguided Ideology on Injury and Illness Recordkeeping Lead to More Video Cameras in the Workplace?
Lawrence P. Halprin, Manesh K. Rath, David G. Sarvadi; Keller and Heckman LLP;
Legal Alert/Article
August 20, 2014, previously published on August 15, 2014
At every opportunity during the Obama Administration, OSHA has alleged that there is widespread and substantial under-reporting of work-related injuries and illnesses that OSHA must address through additional regulatory and enforcement measures. OSHA has taken this position despite the overwhelming...

 

HTMLPHMSA Issues Final Rule Prohibiting Hazmat Operations By Persons With Unpaid Civil Penalties
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
Yesterday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule prohibiting companies who fail to pay a civil penalty as ordered, or who fail to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations (49 CFR Parts...

 

HTMLEighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision...

 

HTMLEPA is Considering Amendments to its Chemical Risk Management Program (RMP) Rule that Would Impose Burdensome Additional Requirements on both Covered Facilities and Facilities Not Currently Covered by the RMP Rule
Trent M. Doyle, Lawrence P. Halprin, doyle; Keller and Heckman LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
On August 1, 2013, reacting to a number of high-profile incidents and the constant drumbeat from the Chemical Safety Board, President Obama signed Executive Order 13650, entitled Improving Chemical Facility Safety and Security. Among other things, EO 13650 directs EPA and OSHA to consider possible...

 

HTMLThird Circuit Finds MSHA Jurisdiction Governs Pennsylvania Coal Preparation Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety...

 

HTMLKeep Your (Employees) Cool This Summer
Shayna H. Balch; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
Last year, some parts of the country experienced the hottest summer on record. This year may well be record breaking as well, at least in some parts of the country. Keeping employees safe and cool during the next four months should be of paramount importance for all business owners and employers.

 


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