Overview: The Occupational Safety and Health Administration (OSHA) is the division of the Department of Labor in charge of creating and enforcing workplace safety and health. With limited exceptions, OSHA regulates almost all private industry workers in states that do not have their own, OSHA-approved state plan.
OSHA creates regulations for several specific industries, as well as general regulations for all industries; it conducts inspections of workplaces to make sure employers are complying with applicable standards; and it issues citations for violations. To make compliance easier, OSHA also offers many compliance programs to help employers create safer workplaces and to encourage and recognize the workplaces that go above and beyond, as well as to put extra pressure on those workplaces that consistently fail to follow the regulations.
Along with the health and safety regulations, OSHA also has several recordkeeping and posting requirements that almost all regulated employers must follow. Most employers that fall under OSHA must fill out the OSHA logs every year, as well as post a total injury and illness record in a conspicuous place every year from February 1 to April 30. At all times, employers must have the OSHA Job Safety and Health: It's the Law poster hanging in the workplace.
Trends: OSHA recently updated its Hazard Communication Standard to better conform to the Globally Harmonized System. With a series of rolling deadlines, employers need to update their written programs, training requirements, safety data sheets and labels and warnings.
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.
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.
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.
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.
This briefing for supervisors examines best practices for handing an Occupational Safety and Health Administration (OSHA) inspection.
An employer can use this new supervisor briefing as a guide to handling OSHA inspections in the workplace.
The National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) entered into a referral program in which OSHA agreed to refer time-barred whistleblower complaints regarding workplace safety to the NLRB for further investigation. The NLRB is likely to see a surge of safety-related ULPs as a result of this alliance with OSHA.
The Supreme Court has agreed to hear a case weighing the public's right to know with national security issues; the Commodity Futures Trading Commission (CFTC) awards its first bounty under its whistleblower program; and the circuits continue to debate Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) and Sarbanes-Oxley Act (SOX) whistleblower provisions.
In Lawson v. FMR, LLC, the Supreme Court clarified that the Sarbanes-Oxley Act's whistleblower provision protects not only employees of the public companies directly regulated by the Act, but also the employees of the public company's contractors and subcontractors.
HR guidance on the Occupational Safety and Health Administration (OSHA).