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OSHA’s Initial Deadline for Form 300A Electronic Reporting Delayed

OSHA is proposing to extend the initial submission deadline for reporting 2016 Form 300A data from July 1, 2017 to December 1, 2017.  OSHA will separately seek comment on other proposals to reconsider, revise, or remove certain provisions of the proposed injury and illness reporting rule.  The delay in the initial submission deadline occurred because the data collection system, which...

Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act

Upon taking office with the promise to reduce regulations, the new administration and the U.S. Congress used the Congressional Review Act to repeal 14 “midnight” regulations passed by the previous administration.  Of the 14 repealed regulations, there are three that are of note for companies involved in mining operations domestically, in oil and gas exploration abroad, or who are...

Judge Strikes Expert Report Containing OSHA Policy Interpretation

On Wednesday, the U.S. District Court for the Northern District of Ohio granted summary judgment to the owner of a slag plant in a case brought by a worker who sustained serious injuries from falling off an unguarded screen deck in a tower. Summary judgment became possible once the court decided to exclude the testimony of the plaintiff’s primary expert witness. The proffered...

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On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) officially repealed the “Fairfax Memorandum,” a February 21, 2013 directive (an archived copy of the memo can be found here).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...

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