Recent Blog Posts
- Final Rule on ACA Issued by OSHA – Employment Law This Week Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA).
The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for... More
- Employers Under the Microscope: Is Change on the Horizon? – Attend Our Annual Briefing (NYC, Oct. 18)
When: Tuesday, October 18, 2016 8:00 a.m. – 4:00 p.m.
Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:
Latest Developments from the NLRB
Attracting and Retaining a Diverse Workforce
ADA Website Compliance
Trade Secrets and Non-Competes
Managing and Administering Leave Policies
New Overtime Rules
Workplace Violence and Active-Shooter Situations
Recordings in the Workplace
Instilling Corporate Ethics
This year, we welcome Marc Freedman and Jim Plunkett from the... More
- OSHA’s New Electronic Recordkeeping Rule Creates a Number of New Pitfalls for Employers On May 12, 2016, OSHA published significant amendments to its recordkeeping rule, requiring many employers to submit work-related injury and illness information to the agency electronically. The amendments also include provisions designed to prevent employers from retaliating against employees for reporting injuries and illnesses at work. The information employers provide will be “scrubbed” of personally identifiable information and published on OSHA’s website in a searchable format.
Every workplace with 250 or more employees will be required to electronically submit OSHA... More
- Federal Guidance for Employers and Workers on Exposure to Zika Virus The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health issued interim guidance on April 10, 2016, for protecting outdoor workers who may be exposed on the job to mosquitos and healthcare and laboratory workers exposed on the job to body fluids of individuals infected with Zika virus. Although the guidance is not a standard or regulation, employers should be mindful that OSHA can always issue citations under the General Duty Clause (OSHA’s catch... More
- 16 Legal Tips: Handling OSHA Citations the Right Way Epstein Becker Green’s Valerie Butera was one of sixteen legal professionals interviewed to provide a tip for Intelivert’s recent article titled “16 Legal Tips: Handling OSHA Citations the Right Way” (Intelivert, 2016).
The article notes that the lawyers weighed in with “simple, actionable tips that can help you craft your legal strategy and directly affect the outcome of your OSHA interaction.”
FINE INCREASES AND CRIMINAL PROSECUTIONS
Ms. Butera’s tip focuses on recent increases in OSHA fines and criminal prosecutions. She explains that “now... More
- Lessons Learned from the First Year of OSHA’s Severe Injury Reporting Program On January 1, 2015, OSHA rolled out its Severe Injury Reporting Program, requiring all employers to report to OSHA within 24 hours any work-related amputations, inpatient hospitalizations, or loss of an eye. The long standing requirement to report work-related fatalities to OSHA within 8 hours also remains in place.
According to a report issued by OSHA on January 17, 2016 evaluating the impact of the new reporting requirements, before the requirements were established, compliance officers were often dispatched to inspect a... More
- OSHA Quietly Changes the Group of Small Businesses Exempt from Inspections Valerie Butera
In a recently updated directive to Regional Administrators and State Plan Designees from Dr. David Michaels, Assistant Secretary of Labor for OSHA, the categories of small businesses exempt from programmed health and safety inspections changed.
This exemption applies to workplaces with 10 or fewer workers who perform work in industries OSHA deems low hazard. OSHA identifies low hazard industries by studying the most recent results of mandatory surveys sent to employers in countless industries by the Bureau of Labor Statistics... More
- Eleventh Circuit Upholds OSHA Violation with Participating Supervisor – Employment Law This Week One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is the Eleventh Circuit decision limiting the supervisory misconduct defense against OSHA citations.
At a construction worksite, a supervisor and his subordinate from Quinlan Enterprises were found working on a 15 foot wall without fall protection or a secure ladder. The company was held responsible for the OSHA violation, because, in most cases, a supervisor’s knowledge of a violation is imputed to the... More
- New DOJ/DOL Initiative Criminalizes Worker Safety Violations – Employment Law This Week One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is that in a year when OSHA penalties are already set to increase, a new enforcement initiative is putting pressure on companies to make sure they’re compliant.
The Department of Justice and the Department of Labor have teamed up to encourage federal prosecutors to pursue OSHA and other worker safety violations as environmental crimes. These crimes can be charged as felonies, while OSHA violations... More
- The Eleventh Circuit Carves Out an Exception to the Supervisory Misconduct Defense To establish that an OSHA regulation has been violated, the Secretary must prove that: (1) the regulation applied; (2) it was violated; (3) an employee was exposed to the hazard that was created; and (4) the employer knowingly disregarded the OSH Act’s requirements. The general rule has been that the knowledge of a supervisor is imputed to the employer – so if the supervisor knew or should have known of the violation, his knowledge is imputed to the employer and... More