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Documents on occupational safety health
 

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HTMLOSHA Inspections: A New Union Organizing Tool?
Ballard Rosenberg Golper Savitt LLP;
Legal Alert/Article
May 17, 2013, previously published on May 10, 2013
In previous Compliance Matters, we have cataloged how the Obama administration has been changing the rules regarding union organizing through the use of federal agency actions which don't require legislative approval. The Administration adopted this tack early in the President's first term when it...

 

HTMLOccupational Safety and Health Administration Opens the Door for Unions to Enter Non-Unionized Workplaces
John W. Alden, Yendelela Neely Anderson, Randall D. Avram, Corena A. Norris-McCluney, Susan W. Pangborn; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
May 16, 2013, previously published on May 14, 2013
Under the Occupational Safety and Health Act of 1970, the Occupational Safety and Health Administration (“OSHA”) is authorized to conduct workplace inspections to determine whether employers are complying with OSHA’s safety and health standards. Pursuant to Section 1903.8 of...

 

HTMLOSHA Says In A New Interpretation Letter That Outside Union Representatives Can Participate In OSHA Inspections At Non-Union Facilities
Constangy Brooks Smith LLP;
Legal Alert/Article
May 13, 2013, previously published on May 7, 2013
Although OSHA has been posting fewer and fewer Interpretation Letters on its website these days, the Agency issued a doozy last month. In an interpretation letter publicly released on April 5, 2013, the U.S. Occupational Safety and Health Administration stated a new interpretation of its...

 

HTMLUnion Reps Have Access to Non-Union Workplaces During OSHA "Walkaround" Inspections, Agency Says
David P. Phippen, William K. Principe; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
May 10, 2013, previously published on May 7, 2013
In an interpretation letter publicly released on April 5, 2013, the U.S. Occupational Safety and Health Administration issued a new interpretation of its regulations that now will permit employees at non-union workplaces to designate non-employees, including “outsider” union officials...

 

HTMLConstruction Site Falls, Injuries, and Fines
George M. Nicholos; Vandeventer Black LLP;
Legal Alert/Article
May 8, 2013, previously published on April 2013
Falls are the leading cause of death in construction according to the latest OSHA reports. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe...

 

HTMLOSHA Wins: Zone of Danger Creates Employer Liability
Faith A. Alejandro; Sands Anderson PC;
Legal Alert/Article
May 7, 2013, previously published on April 29, 2013
On a construction site, isn’t it enough to protect employees from existing hazards? And what does it matter if no one actually got hurt? The Sixth Circuit recently answered these questions: “No it’s not enough,” and “Absolutely, it matters.”

 

HTMLComplaint Of Hostile Work Environment Could Lead To OSHA Investigation And Enforcement
Ruth A. Horvatich; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
May 6, 2013, previously published on April 2013
You’ve heard of hostile work environment claims in terms of sexual harassment or discrimination. But, what about in terms of an OSHA violation? In a recent news release, the Occupational Safety and Health Administration (“OSHA”) announced that it had filed a complaint in a federal...

 

HTMLOSHA Wants to Know: Are You Keeping Your Temporary Workers Safe?
Matthew T. Deffebach; Haynes and Boone, LLP;
Legal Alert/Article
May 6, 2013, previously published on May 2, 2013
If your company utilizes temporary workers supplied by a staffing agency, you may be a target of OSHA. On April 29, 2013, the Deputy Assistant Secretary of OSHA, Richard Fairfax, issued a memorandum to its Regional Administrators, entitled “Protecting the Safety and Health of Temporary...

 

HTMLOSHA Announces Initiative For the Protection of Temporary Workers
Martha J. Zackin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
May 6, 2013, previously published on May 1, 2013
On April 29, the U.S. Department of Labor's Occupational Safety and Health Administration announced an initiative to protect temporary employees from workplace hazards. The initiative, announced through a press release and a memorandum sent to all of OSHA’s regional administrators, directs...

 

HTMLLessons Learned from Otis Elevator When Contesting OSHA Citations: Avoid Hypotheticals When Asserting the Infeasibility Defense
Matthew T. Deffebach, Punam Kaji; Haynes and Boone, LLP;
Legal Alert/Article
May 1, 2013, previously published on April 29, 2013
On April 8, 2013, the Occupational Safety and Health Review Commission (“OSHRC” or the “Review Commission”) reversed an administrative law judge’s (“ALJ’s”) decision vacating a lockout/tagout (“LOTO”) citation issued to Otis Elevator...

 


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