New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Occupational Safety and Health

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What is the Current Status of OSHA’s Injury and Illness Reporting Rule?

Posted in Occupational Safety and Health, OSHA
As we previously reported on this blog, OSHA recently made sweeping changes to its injury and illness reporting rule.  The agency delayed enforcement of the rule until December 1, 2016.  Many industry advocates were hoping for a reprieve, and several industry groups, including the Associated Builders and Contractors and the National Association of Manufacturers, had… Continue Reading

Employers Need to Develop an Action Plan to Deal With Workplace Violence

Posted in Occupational Safety and Health
If the recent and tragic shootings at an office holiday party in San Bernardino, California, and at a lawn care company in Kansas have taught us anything, it is that these unfortunate incidents of workplace violence are becoming more and more commonplace.  In addition to the devastating human cost of these tragedies, workplace violence can… Continue Reading

OSHA Makes Sweeping Changes to its Illness and Injury Reporting Rule — What this Means for Employers

Posted in Occupational Safety and Health, OSHA
Most employers traditionally have had little to no interaction with the Occupational Safety and Health Administration (OSHA), the federal agency tasked with overseeing workplace safety.  Unless they were inspected by OSHA — and the 35,820 inspections conducted in FY 2015 pales in comparison to the tens of millions of employers across the country — most… Continue Reading

OSHA Publishes Guidance Regarding Restroom Access for Transgender Employees

Posted in Occupational Safety and Health, OSHA
On June 1, 2015, the United States Occupational Safety and Health Administration (“OSHA”) published A Guide to Restroom Access for Transgender Workers.  OSHA stated that the “core principle” of the Guide is as follows:  “All employees, including transgender employees, should have access to restrooms that correspond to their gender identity.”  The Guide serves as an… Continue Reading

OSHA Clarifies the Standard for Whistleblower Claims

Posted in Occupational Safety and Health, OSHA
On April 20, 2015, the Acting Director of the Occupational Safety and Health Administration (“OSHA”) Whistleblower Protection Programs issued a memorandum to all Regional Administrators clarifying the standard which should be applied to whistleblower claims at the agency investigatory stage.  The guidance was issued because there was some concern that the standards contained in OSHA’s… Continue Reading

A Labor and Employment Audit of Santa’s Workshop

Posted in Employment Discrimination, Harassment, Occupational Safety and Health, OSHA, Wage and Hour
With that first real chill in the air, the holiday season is suddenly upon us.  For parents, it is a time to relive our childhood, watching with our children all of those holiday specials ranging from It’s the Great Pumpkin, Charlie Brown to Santa Claus is Comin’ to Town.  Unfortunately, for members of our misfit profession,… Continue Reading

Understanding an Employer’s Obligations When Domestic Violence Affects the Workplace

Posted in Americans with Disabilities Act, Discharge and Discipline, Employment Discrimination, Family and Medical Leave Act, Occupational Safety and Health, OSHA
Over the past few months, the media has reported extensively about several incidents of domestic violence involving professional athletes.  While these high-profile cases generate huge attention, it is important to remember that domestic violence is a problem of epidemic proportion.  The Center for Disease Control and Prevention reports that 1 in 4 women and 1… Continue Reading

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Occupational Safety and Health, OSHA, Workplace Illness
Two months ago, many Americans were unfamiliar with the term “Ebola.”  It’s amazing how quickly things can change.  Today, you cannot turn on your television or read a news article without hearing or seeing reference to this medical epidemic. The questions/answers set forth below are intended to assist employers with their own preparedness, as well as… Continue Reading

OSHA Changes Reporting Requirements for Work-Related Accidents

Posted in Occupational Safety and Health, OSHA
On September 11, 2014, the U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”), announced a final rule amending its injury and illness recording and reporting requirements.  Although the rule has not yet been published in the Federal Register, it has been submitted for publication.  The final rule will be effective on January 1, 2015.… Continue Reading

OSHA Issues Policy Background on the Temporary Worker Initiative

Posted in Occupational Safety and Health, OSHA
On July 15, 2014, the Occupational Safety and Health Administration (“OSHA”) issued a policy memorandum to its Regional Administrators, explaining in greater detail the agency’s Temporary Worker Initiative (“TWI”).  The TWI, which was launched on April 29, 2013, is an initiative intended to prevent work-related injuries and illnesses among temporary workers.  Employers who have temporary employees hired… Continue Reading

Recent OSHA Activity Underscores Attention to Whistleblower Statutes

Posted in Occupational Safety and Health, OSHA, Whistleblowers
In August of 2011, a former employee of DISH Network filed a complaint with OSHA that DISH had “blacklisted” him.  Specifically, the complainant alleged that DISH had given him a negative job reference, and had refused to do business with the complainant’s subsequent employers.  What was the alleged reason for the “blacklisting”?  The employee, who… Continue Reading

OSHA Announces Intent to Concentrate on Temporary Workforce and Staffing Agencies

Posted in Occupational Safety and Health, OSHA
The Occupational Safety and Health Administration ("OSHA") issued a new policy in April of 2013 focused on protecting temporary workers.  In a memorandum that was issued to all OSHA Regional Directors, the agency explained that the policy was needed because there were several 2013 workplace fatalities involving temporary workers who had not received adequate training.  Going… Continue Reading

OSHA States That Employees at Non-Union Workplaces May Bring Union Representatives Along During Inspections

Posted in Occupational Safety and Health, OSHA
The effect of an interpretation letter publicly released by the Occupational Safety and Health Administration ("OSHA") on April 5, 2013 is quite concerning.  In that recent interpretation letter, OSHA states that employees at non-union workplaces may designate a union representative to accompany OSHA’s Compliance Safety and Health Officer during inspections.  This interpretation seems to be inconsistent with the specific… Continue Reading

Appeals Court Holds That Six-Month Statute of Limitations Applies to OSHA Record-Keeping Violations

Posted in Occupational Safety and Health, OSHA, Workplace Illness
In an extremely important decision for employers, the United States Court of Appeals for the D.C. Circuit held that an employer can only be cited by OSHA for up to six months following the occurrence of an error or omission in its injury and illness record-keeping logs.  In so holding, the Court restored the plain… Continue Reading

OSHA Announces National Emphasis Program for Inspecting Nursing Homes and Residential Facilities

Posted in Occupational Safety and Health, OSHA, Workplace Illness
On April 5, the Occupational Safety and Health Administration ("OSHA") announced a new National Emphasis Program ("NEP") for inspecting nursing homes and residential facilities.  This is an important announcement, because for most employers, there are only a few reasons why OSHA may inspect an employer’s worksite:  (1) the worksite’s injury and illness rate places it… Continue Reading

Fall Protection: Most Common OSHA Violation for 2011

Posted in Occupational Safety and Health, OSHA
Although the data for 2011 is not yet final, OSHA expects problems related to employees falling off scaffolds, roofs, ladders, and other high places to be the top violations cited in 2011.  In addition, the most frequently violated standard subsection is expected to be the rule covering residential construction (29 C.F.R. Section 1926.501(b)(13)).  Other top… Continue Reading