Category Archives: OSHA

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OSHA’s Voluntary Protection Programs Scheduled Makeover

Interested in providing input on the OSHA’s Voluntary Protection Programs (“VPP”)?  The next and final in-person meeting is scheduled for August 28, 2017. If you happen to miss it, worry not, OSHA will accept public comments through September 15, 2017. Here are a few areas OSHA is brainstorming: overall VPP process and flow; corporate/long-term participant involvement; … Continue Reading

OSHA is Pushing Eight Months Without an Administrator: How Long Can You Survive Without Your Head?

The Occupational Safety and Health Administration (“OSHA”) remains Administrator-less seven months into President Trump’s administration with the recent retirement of the former acting assistant secretary, Dorothy Dougherty, and the absence of a nomination from the White House. Despite the power vacuum, OSHA has been forced to remain active on regulations and standards teed up by … Continue Reading

Department of Labor Chooses Chief of Staff

Labor Secretary Acosta has dubbed Wayne Palmer his new Chief of Staff. Following Acosta, Palmer is the first major political hire at the Department of Labor (“DOL”). Palmer’s considerable experience in Washington includes holding a senior position at the Center for Presidential Transition and his tenure as Chief of Staff to former Senator Rick Santorum. … Continue Reading

Environmental Organization Challenges Constitutionality of the Congressional Review Act

As we previously reported on this blog, Congress and the Trump administration have revived the Congressional Review Act (CRA) and set about rescinding a series of regulations promulgated during the Obama presidency.  Congress’ authority to invalidate an executive agency rule is rooted in Article I of the Constitution, which vests “[a]ll legislative Powers [t]herein granted” … Continue Reading

Acosta No Longer Awaits

Finally, on April 27th, after months of waiting, President Trump’s second nominee for the position of US Secretary of Labor and only Latino cabinet member, Alexander Acosta, was confirmed. Acosta, dean of Florida International University College of Law and former US attorney, received the nomination in mid-February after the first nominee, Andrew Puzder, withdrew his … Continue Reading

“Hiring Hazard” – NY City Employers May Soon Be Prohibited From Asking Applicants About Salary Histories

This post was written by Barbara E. Hoey and Allison Gottlieb and originally posted on Kelley Drye’s Labor Days blog. On April 5, 2017, the New York City Council approved a bill which – once signed by the Mayor (a virtual certainty) – will prohibit private employers in the City from asking about, relying on, … Continue Reading

The Incipient Storm of Stymied Standard Shortcuts for OSHA?

In September 2016, the U.S. Circuit Court of Appeals for the District of Columbia decided that a 2015 OSHA interpretation letter regarding the scope of the Process Safety Management (“PSM”) exemption for the agricultural retailers, was a standard subject to “notice and comment” requirements. So, what does this mean for OSHA? Well, this landmark decision … Continue Reading

Trump Administration Clamping Down on Regulatory Activity with Controversial “One-In, Two-Out” Order

The Trump Administration has made an effort to clamp down on regulatory activity by his executive branch, issuing an executive order directing agencies to repeal two regulations for each one rule they issue (“one-in, two-out”) and instructing that any new regulations finalized this year must have an incremental cost of zero.[1]  President Trump seeks to … Continue Reading

Employers Earn an Important Victory in “Union Walk-around” Lawsuit

On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds.  The Fairfax Memo permits employees to designate third parties as their representatives in OSHA worksite inspections.  NFIB argued that the … Continue Reading

Ready, Set, Post! Your OSHA Form 300As

Here’s your friendly reminder from your pals at Not Safe For Work: It’s time to post your OSHA Form 300A! The OSHA Form 300A log summarizes job-related injuries and illnesses that occurred during 2016, and most employers are required to post it in a common area where notices to employees are usually displayed. Employers must … Continue Reading

Delay Under the Priebus Memo

The Trump Administration has now taken leadership in the executive offices, and with this transfer of power comes the traditional memorandum halting the regulatory actions of the previous Administration. White House Chief of Staff Reince Priebus issued a memorandum directed to agency heads (“the Priebus Memo”), detailing a series of regulatory prohibitions and requirements for … Continue Reading

The End of Perp Walks?

For the past two weeks, we here at NSFW have been looking to the OSHA website to bring you the latest victims of the agency’s Perp Walks . . . to find that none have been published since January 19. Could the newly entered Trump Administration be the reason why no Perp Walks have been … Continue Reading

Chevron Deference and the Proposed “Separation of Powers Restoration Act of 2017”

During its first month in session, Congress has proposed several pieces of legislation designed to reverse the dramatic shift in power over the last 50 years from Congress to the Executive.  The Regulatory Accountability Act of 2017 is one remarkable example.  It was introduced as a free-standing bill in 2016, but the Senate did not … Continue Reading

Fines Increase One Percent for Workplace Safety Violations

If a one-percent increase in maximum fines doesn’t dissuade employers from committing worker safety and health violations, then we don’t know what does. OSHA’s and MSHA’s higher penalties became effective January 13th, but it is worth noting that they can be applied to alleged violations that occurred prior to that date as long as the … Continue Reading

OSHA’s “Perp Walks” for the Week of January 16th

OSHA’s “Perp Walks” for the Week of January 16th. OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.  While reasonable minds can disagree about the sufficiency of the OSH Act’s penalty structure or whether most employers strive to … Continue Reading

Texas, Adjacent States Get New OSHA Regional Administrator

A warm welcome to Kelly Knighton, the new OSHA Administrator for Region 6, which covers Texas and adjacent states. Knighton joined OSHA in 1995 as a Houston-based inspector and later as a compliance assistant advising employers on safety and health issues. She also held the position of Deputy Administrator and Director of the San Antonio … Continue Reading

Make Congress Great Again?

During its first week in session, the 115th Congress passed two bills aimed at reining in the executive branch’s powers. If signed into law, these bills could significantly impact employers who have faced myriad rulemakings and enforcement efforts during the Obama administration. On January 4, the House of Representatives approved the Midnight Rules Relief Act, … Continue Reading

OSHA’s “Perp Walks” for the Week of January 9th.

OSHA’s “Perp Walks” for the Week of January 9th. OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.  While reasonable minds can disagree about the sufficiency of the OSH Act’s penalty structure or whether most employers strive to … Continue Reading

OSHA’s “Perp Walks” for the Week of January 2nd

OSHA’s “Perp Walks” for the Week of January 2nd OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.  While reasonable minds can disagree about the sufficiency of the OSH Act’s penalty structure or whether most employers strive to … Continue Reading

OSHA’s “Perp Walks” for the Week of December 26th

OSHA’s “Perp Walks” for the Week of December 26th OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.  While reasonable minds can disagree about the sufficiency of the OSH Act’s penalty structure or whether most employers strive to … Continue Reading

OSHA’s “Perp Walks” for the Week of December 19th

OSHA’s “Perp Walks” for the Week of December 19th OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.  While reasonable minds can disagree about the sufficiency of the OSH Act’s penalty structure or whether most employers strive to … Continue Reading

OSHA’s “Perp Walks” for the Week of December 12th

OSHA’s “Perp Walks” for the Week of December 12th OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.  While reasonable minds can disagree about the sufficiency of the OSH Act’s penalty structure or whether most employers strive to … Continue Reading
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