Worker’s Sprained Ankle Leads to $250,000 Punitive Damage Award for Retaliation
Posted on Apr 27, 2017 in Litigation, OSHA, Process Safety, Product Liability, Transportation | Comments Off on Worker’s Sprained Ankle Leads to $250,000 Punitive Damage Award for Retaliation
A railroad challenged a worker after the worker filed an OSHA complaint on grounds that he lied in that complaint about precisely how his on-the-job accident occurred (based on a discrepancy between the complaint and his prior version of the events). An ALJ concluded that those charges of dishonesty amounted to unlawful retaliation against the employee for filing the OSHA complaint...
Court Allows Case Challenging OSHA’s Interpretation of Non-Employee “Walk Around” Rights To Continue
Posted on Feb 12, 2017 in Litigation, OSHA, Workplace Safety | Comments Off on Court Allows Case Challenging OSHA’s Interpretation of Non-Employee “Walk Around” Rights To Continue
In response to the challenge by the National Federation of Independent Business (“NFIB”) of OSHA’s guidance for the right of non-employee third parties to participate in OSHA workplace safety investigations at non-union workplaces, the U.S. District Court for the Northern District of Texas concluded that the NFIB has standing to bring its claims and that the NFIB’s primary claims...
OSHA Issues Directive for Inspections of Facilities Subject to PSM
Posted on Jan 19, 2017 in OSHA | Comments Off on OSHA Issues Directive for Inspections of Facilities Subject to PSM
OSHA has issued a directive for a National Emphasis Program (NEP) for inspecting facilities with highly hazardous chemicals that are subject to OSHA’s Process Safety Management (PSM). This instruction describes an updated initiative by OSHA. As the NEP explains, “Under the previous related instructions, OSHA conducted inspections of facilities covered by OSHA’s PSM...
Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule
Posted on Dec 7, 2016 in Investigations, Litigation, OSHA | Comments Off on Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule
OSHA’s new rule on electronic reporting requirements (the “Rule”) takes effect on January 1, 2017 (for a summary of the Rule, check out our previous post). In addition to imposing requirements for electronic submission of certain injury and illness reports, the Rule includes three anti-retaliation measures. A group of trade associations, workers compensation providers, and other...
New OSHA Reporting Rule Takes Effect January 1, 2017
Posted on Nov 28, 2016 in Construction, Litigation, OSHA, Process Safety | Comments Off on New OSHA Reporting Rule Takes Effect January 1, 2017
Earlier this year, OSHA issued its final rule requiring some employers to electronically submit workplace safety information. Some of this information will subsequently be made public, meaning that employers and the public will have access to employer-specific data to compare safety performance. In addition, the final rule expressly contains anti-retaliation measures for workers who...
OSHA Issues Final Rule Requiring Electronic Submission (for some) of Workplace Injury Data
Posted on May 12, 2016 in OSHA | Comments Off on OSHA Issues Final Rule Requiring Electronic Submission (for some) of Workplace Injury Data
The Occupational Safety and Health Administration (OSHA) issued a final rule yesterday to require employers in certain industries to electronically submit injury and illness data. OSHA’s regulations (29 CFR Part 1904) require employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments. Employers covered...
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