Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
0 0

23 May 2017 OSHA Delays July 1 Electronic Reporting Requirement

  Authored by Don Lawless, Mark Kittaka and Patricia Ogden   Last week, the federal Occupational Safety and Health Administration (OSHA) announced that it “is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically.” No additional detail or explanation was provided. OSHA states that additional updates will be posted to the agency’s recordkeeping website when they become…

READ MORE
0 0

12 May 2017 Trump’s Actual Impact on OSHA

  In November, I attempted to look into the crystal ball to see what potential impact the new Trump administration could have on the Occupational Health and Safety Administration (OSHA). Here are some of results so far, which on the whole, are favorable to employers who suffered under the “regulation by shaming” mantra of past Assistant Secretary of Labor David Michaels.   Budget Cuts – As predicted, on May 5, President Trump signed a spending bill that cuts the labor department’s discretionary spending budget by…

READ MORE
0 0

09 Jan 2017 OSHA Issues Enforcement Guidance on Controversial Non-Discrimination Provisions

  As we have noted in prior blog posts, the controversial non-discrimination provisions of OSHA’s electronic recordkeeping rules have been challenged in court. The U.S. District Court for the Northern District of Texas ultimately declined to issue an injunction preventing the implementation of the rule, but specifically noted “[t]hat the court has denied injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits. This determination is left for another day.”   After the court’s…

READ MORE
0 0

08 Dec 2016 OSHA Contemplates Workplace Violence Standard for Healthcare, Social Assistance Workers

  On Dec. 7, Occupational Safety and Health Administration (OSHA) published a Request for Information (RFI) as to whether a standard should be developed to address workplace violence in the healthcare and social assistance sectors. The RFI specifically seeks information on issues that might be considered in developing a standard, including its scope and the types of controls that might be required.   In issuing this RFI, OSHA explained that workplace violence in the healthcare and service assistance industries is substantially higher than in all…

READ MORE
0 0

29 Nov 2016 The World According to Trump: Trump’s Potential Impact on OSHA

  As we have noted in a number of different blog posts since the election, there are a variety of ways that the new Trump administration could affect many different areas related to labor and employment law. In this post, we are going to look into our crystal ball to give you our best prediction regarding some of the ways we anticipate President-Elect Trump will change the course of current and pending Occupational Health and Safety Administration (OSHA) regulations as well as the administration of…

READ MORE
0 0

24 Oct 2016 UPDATE: OSHA Announces Second Delay in Enforcement of Non-Discrimination Provisions

  As we noted on the blog in July, OSHA announced that it would delay the enforcement of the controversial non-discrimination provisions of its electronic recordkeeping rules until Nov. 1, 2016. The original effective date was Aug. 10, 2016. We previously mentioned that the first delay appeared to be in response to a lawsuit and motion for preliminary injunction challenging the legality of the regulations filed in the Northern District of Texas (Texo ABC/AGC, Inc. et al v. Dept. of Labor, et al., Civil Action No. 3:16-cv-1998).  …

READ MORE
0 0

21 Jul 2016 OSHA Announces Delay in Non-Discrimination Provisions, Higher Fines Still Coming in August

  As we have previously covered in a recent blog post, the Occupation Safety and Health Administration’s (OSHA) new electronic recordkeeping rules also contain controversial anti-retaliation provisions which originally would have been effective on Aug. 10, 2016, for federal OSHA states (and up to six months later in state plan states). Last week, OSHA announced that it was delaying the enforcement until Nov. 1, 2016, of the new provisions which also include prohibitions on blanket post-accident drug testing policies and safety incentive programs.   One…

READ MORE
0 0

23 Jun 2016 OSHA’s New Mandatory Electronic Recordkeeping Rule The Hidden Requirements for Anti-Retaliation and Discrimination Require Action Before Aug. 10, 2016

As you may be aware, the Occupational Safety and Health Administration (OSHA) has published a new final rule revising the recordkeeping and reporting requirements. OSHA’s summary of its new final rule can be found here and the full text of the recordkeeping regulations can be found here.   While a lot of buzz is occurring around the new electronic submission requirements that become effective Jan. 1, 2017, there are significant developments which are not explicitly referenced in the regulations which require action by Aug. 10,…

READ MORE
0 0

22 Dec 2015 DOJ Announces that Criminal OSHA Prosecutions May Also Include Felony Environmental Crimes

On Dec. 17, the Department of Justice (DOJ) announced that criminal prosecutions under the Occupational Safety and Health Act (OSHA), the Mine Safety Act, the Migrant and Seasonal Agricultural Protection Act and the Atomic Energy Act are being moved to the Environmental Crimes Section of the DOJ’s Environment and Natural Resources Division.   Currently, under the OSH Act, an employer can only be prosecuted for criminal penalties in cases where the employer commits a “willful” violation of OSHA regulations resulting in the death of an…

READ MORE
0 0

10 Nov 2015 OSHA FINES COULD INCREASE OVER 80% NEXT YEAR

Congress recently passed the budget agreement which contained a provision which permits OSHA to raise fines significantly starting in August 2016.  The law permits a one-time “catch up” increase up to 82 percent, since fines have not been raised since 1990. This “catch-up” amount is tied to the inflation rate from 1990 to 2015.  After that, the maximum penalties would increase with the inflation rate every year.   This would have the following effect:   Citations Current Max. With “Catch-Up” Increase Other than Serious Up…

READ MORE