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Documents on occupational safety health
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|OSHA Inspections: A New Union Organizing Tool?|
Ballard Rosenberg Golper Savitt LLP;
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...
|Occupational 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;
May 16, 2013, previously published on May 14, 2013Under 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...
|OSHA Says In A New Interpretation Letter That Outside Union Representatives Can Participate In OSHA Inspections At Non-Union Facilities|
Constangy Brooks Smith LLP;
May 13, 2013, previously published on May 7, 2013Although 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...
|Union Reps Have Access to Non-Union Workplaces During OSHA "Walkaround" Inspections, Agency Says|
David P. Phippen, William K. Principe; Constangy, Brooks & Smith, LLP;
May 10, 2013, previously published on May 7, 2013In 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...
|Construction Site Falls, Injuries, and Fines|
George M. Nicholos; Vandeventer Black LLP;
May 8, 2013, previously published on April 2013Falls 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...
|OSHA Wins: Zone of Danger Creates Employer Liability|
Faith A. Alejandro; Sands Anderson PC;
May 7, 2013, previously published on April 29, 2013On 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.”
|Complaint Of Hostile Work Environment Could Lead To OSHA Investigation And Enforcement|
Ruth A. Horvatich; McGrath North Mullin & Kratz, PC LLO;
May 6, 2013, previously published on April 2013You’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...
|OSHA Wants to Know: Are You Keeping Your Temporary Workers Safe?|
Matthew T. Deffebach; Haynes and Boone, LLP;
May 6, 2013, previously published on May 2, 2013If 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...
|OSHA Announces Initiative For the Protection of Temporary Workers|
Martha J. Zackin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 6, 2013, previously published on May 1, 2013On 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...
|Lessons Learned from Otis Elevator When Contesting OSHA Citations: Avoid Hypotheticals When Asserting the Infeasibility Defense|
Matthew T. Deffebach, Punam Kaji; Haynes and Boone, LLP;
May 1, 2013, previously published on April 29, 2013On 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...