Author Archives: OSHA: Legal Developments and Defense Strategies

We Need Your Vote!

Attention blog readers! We are proud to announce that OSHA: Legal Developments and Defense Strategies has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” Over the past month, this contest received more than 2,000 nominations and has now narrowed the field to just 250 of the “most exciting, entertaining, and informative legal blogs online today.” This blog is among the 250 finalists and is listed in the “Labor and Employment” category. To vote, visit The Expert Institute’s contest page here  and click…

Continue Reading....

Combating Unpredictable Workplace Violence Under OSHA’s General Duty Clause

On August 26, 2015, a Virginia news reporter, Alison Parker, and a photojournalist, Adam Ward, were tragically shot down by a former colleague while conducting a live television broadcast in Moneta, Virginia. The gunman was later confirmed to be a former reporter at the victims’ news station, who was fired for disruptive conduct in 2013. Such acts of workplace violence are senseless and unpredictable, but there are ways to mitigate dangers still. According to OSHA statistics, every year nearly two million Americans report being victims…

Continue Reading....

Refusal to Cooperate With OSHA Leads to Federal Criminal Contempt

For what is believed to be the first time in OSHA history, a company recently was found in criminal contempt for refusal to comply with a warrant obtained by OSHA inspectors to conduct an inspection. A Missouri foundry, its owner, and three representatives of an independent safety-consulting company were found in criminal contempt by a federal judge for refusing access to the site by OSHA inspectors. The U.S. District Court in Kansas City ordered Martin Foundry Co., Inc., owner Darrell Stone, and representatives of Compliance…

Continue Reading....

OSHA Offers Free On-Site Consultations to Improve Workplace Safety

Through its On-Site Consultation program, OSHA wants to help small to medium-sized businesses improve and maintain workplace safety standards. In most cases, OSHA representatives will travel directly to your workplace and conduct a detailed inspection. The OSHA representative will identify potential hazards, discuss potential solutions, and review and improve injury prevention programs. This free service is confidential and operates separately from OSHA’s inspection  branch. Neither identifying information nor discovered hazards will be routinely reported to OSHA inspection staff. Additionally, no citations are issued during the…

Continue Reading....

OSHA’s Guide To Restroom Access for Transgender Workers

OSHA’s recent publication of its Guide to Restroom Access for Transgender Workers (“Guide”) further forged OSHA’s foray into the spotlight of the hotly prolific LBGT rights discussion. The Guide, which aims to assure that employers provide a safe and healthful working environment for all employees, underscores the principle that “all employees should have access to restrooms that correspond to their gender identity,” according to Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. Under OSHA’s Sanitation Standard (1910.141), employers are required…

Continue Reading....

Summer is Coming. And OSHA Wants to Help Workers to Beat the Heat

It may not be officially summer just yet, but with the rising temperatures and bright sunny days, it is just around the corner. And while the summer heat means days spent at the beach and backyard barbeques, it also means an increased risk of heat-related illness and death. According to OSHA, each year, dozens of workers die and thousands more become ill due to working in the heat. While the majority of these incidents are from the construction industry, this issue affects all industries that…

Continue Reading....

OSHA Rule Regarding Confined Spaces “Hooked” In Texas

Recently, the Texas Association of Builders (“TAB”) filed a petition in the Fifth Circuit Court of Appeals seeking a review of a newly finalized OSHA rule, which was aimed at reducing confined space risks in construction activities.  The TAB petition potentially hinders the rule’s implementation, delaying years’ worth of the rule’s development by the Bush and Obama Administrations. Specifically, the OSHA final rule conforms construction safety standards with OSHA’s existing confined space regulations for general industry, but contains additional provisions.  For example, the new rule…

Continue Reading....

Deadly Incident Shows Importance of Addressing OSHA Citations Regarding Process Safety Management

OSHA recently investigated a DuPont facility after four workers were killed by the release of a lethal gas. OSHA cited DuPont for 11 safety violations and fined them $99,000. Nine of these violations were classified as “serious” (OSHA defines a serious violation as when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm), while one was a repeat violation. A DuPont worker was overcome by the release of methyl mercaptan gas after she opened…

Continue Reading....

OSHA Seeking Input On Communication Tower Construction and Maintenance Safety

towerOSHA has recently announced that it will be collecting information about the hazards faced by workers during the construction and maintenance of communication towers. With the rapid expansion of wireless communication over the past few decades, there has been an increasing demand for both constructing new communication towers and maintaining those already in service. These jobs can require workers to regularly climb as high as 2000 feet. Working at such great heights naturally presents the risk of not only falling, but also exposure to electrical…

Continue Reading....

Upstream Oil, Gas Hazards Added to OSHA Severe Violator Program as “High-Emphasis Hazards”

According to a recently issued OSHA memorandum, over twenty years’ worth of statistics show that upstream oil and gas production operations are plagued by fatalities at a rate five to eight times greater than the national average. Based on these alarming statistics, OSHA implemented a new policy under its Severe Violator Enforcement Program (“SVEP”) captured by Instruction CPL 02-00-149 Section XI, which endeavors to curb industry fatalities. The memorandum concerning this new SVEP Section was quietly issued to field officials and attorneys at a recent…

Continue Reading....