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OSHA Changes Course on Union’s Ability To Participate in Inspections of Non-Union Workplaces

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) officially repealed the “Fairfax Memorandum,” a February 21, 2013 directive (an archived copy of the memo can be found here).  The Fairfax Memorandum explained that workers at a worksite without a collective bargaining agreement could designate a person affiliated with a union or community organization to act...

Worker’s Sprained Ankle Leads to $250,000 Punitive Damage Award for Retaliation

A railroad challenged a worker after the worker filed an OSHA complaint on grounds that he lied in that complaint about precisely how his on-the-job accident occurred (based on a discrepancy between the complaint and his prior version of the events).  An ALJ concluded that those charges of dishonesty amounted to unlawful retaliation against the employee for filing the OSHA complaint...

Court Allows Case Challenging OSHA’s Interpretation of Non-Employee “Walk Around” Rights To Continue

In response to the challenge by the National Federation of Independent Business (“NFIB”) of OSHA’s guidance for the right of non-employee third parties to participate in OSHA workplace safety investigations at non-union workplaces, the U.S. District Court for the Northern District of Texas concluded that the NFIB has standing to bring its claims and that the NFIB’s primary claims...

Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule

OSHA’s new rule on electronic reporting requirements (the “Rule”) takes effect on January 1, 2017 (for a summary of the Rule, check out our previous post).  In addition to imposing requirements for electronic submission of certain injury and illness reports, the Rule includes three anti-retaliation measures.  A group of trade associations, workers compensation providers, and other...

New OSHA Reporting Rule Takes Effect January 1, 2017

Earlier this year, OSHA issued its final rule requiring some employers to electronically submit workplace safety information.  Some of this information will subsequently be made public, meaning that employers and the public will have access to employer-specific data to compare safety performance.  In addition, the final rule expressly contains anti-retaliation measures for workers who...

Whistleblower’s Claim of Termination for Reporting Deficient Preventative Maintenance Dismissed

In a per curiam decision, a New Jersey appeals court affirmed a decision dismissing a worker’s whistleblower claim against his former employer, a trucking company.  The worker alleged that he was wrongfully terminated from his job as a mechanic after reporting violations of the company’s preventative maintenance program.  The appellate court’s decision turned on whether the...

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