Overview: The Occupational Safety and Health Administration (OSHA) regulates virtually every employer, which means that virtually every employer must comply with some provisions of OSHA in order to achieve acceptable levels of workplace health and safety. Safety in the workplace can seem like a challenging goal, but it is required by law.
One of the most important concepts employers must understand in the world of workplace safety is the General Duty Clause. While there are many regulations governing this topic, there is not a rule covering every possible workplace safety situation. Instead, OSHA enforces the General Duty Clause of the OSH Act, which requires an employer to provide a workplace free from recognized safety and health hazards. If an employer knows of an unsafe activity, behavior or situation then the employer is obligated to keep it out of the workplace in order to avoid workplace accidents.
Safety in the workplace has many components, but the Hazard Communication Standard deserves extra mention because it was recently overhauled. Through a series of rolling deadlines, OSHA changed their HazCom Standard to reflect the internationally recognized Globally Harmonized System for their labels and material safety data sheets (now referred to as safety data sheets).
Trends: Lately, distracted driving has been a growing concern for everyone; employers are not exceptions. Not only will employers who have drivers, meaning truckers, salespeople or anyone else who drives for work, have to ensure compliance with state laws, but under the General Duty Clause, they will need to be concerned with texting while driving. OSHA has recently increased their focus on this issue in an effort to cut down vehicular accidents in the workplace, and they will fine an employer who appears to be encouraging employees to text while driving.
Author: Ashley Shaw, JD, Legal Editor
The retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) do not apply outside the US, the 2nd Circuit Court of Appeals has ruled. With this decision, the 2nd Circuit has joined the 5th Circuit in determining that, although other Dodd-Frank provisions do apply outside of the US, the retaliation provisions do not.
In-depth review of the spectrum of New Hampshire employment law requirements HR must follow with respect to employee discipline.
In-depth review of the spectrum of Ohio employment law requirements HR must follow in respect to workers' compensation.
A new employer survey by law firm Littler Mendelson highlights employers' concerns with respect to regulatory enforcement and whistleblowing activities. Over 500 HR professionals, in-house counsel and corporate executives completed the survey.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to workers' compensation.
Two additional PowerPoint presentations have been published to be used in conjunction with our Supervisor Briefings. Each of these presentations is specifically designed as a training resource to address critical HR-related issues faced by your managers and supervisors.
Employers need to do everything they can to minimize claims by employees and the government. This section assists HR professionals in implementing proper policies and procedures, and understanding where the greatest risks lay and what the federal government's major enforcement initiatives are.
In-depth review of the spectrum of Louisiana employment law requirements HR must follow with respect to workers' compensation.
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to workers' compensation.
The Securities and Exchange Commission (SEC) has settled the first case brought under its new authority to bring anti-retaliation enforcement actions against a NY-based hedge fund advisory firm. The firm's owner was also charged with conducting conflicted transactions.
HR considerations for employers regarding all areas of workplace safety. Advice and guidance on creating and keeping safety in the workplace.