OSHA Dumps Crocodile Dundee Rule

By Pat Miller and John Alan Doran You may recall from the Crocodile Dundee movies that Dundee was a big fan of walkabouts in the Australian outback…and Manhattan. A while back OSHA began encouraging walkabouts of a sort. Back in 2013, OSHA issued its infamous “Fairfax memo”, which concluded that non-union employees could designate a union representative or […]

Court Greenlights Anti-Retaliation Rules

By Pat Miller On November 28, 2016, the US District Court for the Northern District of Texas denied a request to issue a preliminary injunction prohibiting the enforcement of OSHA’s anti-retaliation rules.  With this ruling, OSHA is free to enforce these rules pending a final resolution of the case.  In a nutshell, the new rules, […]

OSHA Interprets Anti-Retaliation Rules

By Pat Miller, Rod Smith, Chuck Newcom and Matt Morrison OSHA doubles down on its position that mandatory post-accident drug testing is retaliatory. Click to read our latest OSHA Update regarding OSHA’s new October 19, 2016 issued guidance with respect to certain controversial provisions of its new anti-retaliation rules, originally published on May 12, 2016. […]

OSHA to Enforce Anti-Retaliation

By Pat Miller OSHA announced today a new anti-retaliation rule that will allow it to issue citations against employers whose injury and illness reporting requirements are deemed to be retaliatory. OSHA believes that reporting policies that might somehow dissuade employees from reporting injuries violate the new rule. OSHA can seek abatement in the form of […]

Class Averaging

By Bryan Stillwagon The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22, 2016). Plaintiffs (employees in a pork processing plant in Iowa) relied at trial on an industrial relations expert’s […]

OSHA UPDATE: Revised Procedures

By Rod Smith, Chuck Newcom, Pat Miller, and Matt Morrison On March 4, 2016, OSHA issued new procedures to deal with reported injuries and illnesses. These new procedures deserve attention from employers facing a reportable injury or illness. Under the new procedures, OSHA will ask employers to conduct and provide a detailed internal investigation. Despite a new […]

OSHA Update: Worker Endangerment Initiative

By Rod Smith, Pat Miller, Chuck Newcom, and Matt Morrison A new “Worker Endangerment Initiative” may increase criminal prosecutions of workplace safety violations. OSHA and the Department of Justice (DOJ) just announced a new initiative to increase the number and effectiveness of criminal prosecution of employers and managers for workplace safety, environmental and other federal offenses. Although criminal prosecutions […]

OSHA Fines to Increase Dramatically

By Rod Smith, Pat Miller, Chuck Newcom,and Matt Morrison For the first time in 25 years, OSHA fines likely will be increasing. The change will take effect no later than August 1, 2016, and each year thereafter. A relatively obscure provision in the 2015 budget bill passed by Congress, and signed into law by President Obama […]

Confined Spaces Standard Delayed

By Pat Miller OSHA has delayed enforcement of its new confined spaces in construction standard for employers making “good faith” efforts to comply. Click here for our OSHA Update on the issue. […]

OSHA Issues Controversial Procedures…

…to Deal with New Reporting Requirements. Please click here to view the latest advisory from Sherman & Howard’s Occupational Safety and Health Law Practice Group addressing OSHA’s new reporting requirements that took effect January 1, 2015. […]