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Articles by Lawrence Halprin
Controlling OSHA’s Application of the General Duty Clause to Inherently Risky Professional Activities
The Trump administration issued an executive order directing a review of substantive rules and enforcement practices of the Federal regulatory agencies, including the Occupational Safety and Health Administration (OSHA), to determine whether they were consistent with the policies of the Trump administration or should be amended or revised.
Applying OSHA's General Duty Clause to Inherently Risky Professional Activities - Filling in the Gaps or Social Engineering?
The Trump Administration issued an executive order directing a review of substantive rules and enforcement practices of the Federal regulatory agencies, including the Occupational Safety and Health Administration (OSHA), to determine whether they were consistent with the policies of the Trump Administration or should be revised.
CBA and MOU Constraints on Employer Disciplinary Action for Unsafe Work Practices Not a Defense in OSHA Citation Contest
An OSH Review Commission Judge recently upheld a General Duty Clause (GDC) citation issued to United Airlines after an employee’s foot was crushed by the wheel of an aircraft being repositioned with a tow. Secretary of Labor v. United Airlines, Inc., OSHRC Docket No. 22-0744.
OSHA's Costly and Inappropriate Ideological Expansion of the Hazard Communication Standard
Unless vacated or moderated in response to a legal challenge, the May 20, 2024, amendment to the OSHA HCS (HCS 2024) carries the potential of turning the world of chemical hazard communication upside down. Furthermore, it poses a significant threat to global harmonization based on the GHS.
OSHA's Costly and Improper Ideological Expansion of the Hazard Communication Standard
TIME SENSITIVE – DEADLINE FOR FILING PETITION FOR REVIEW IS THURSDAY, JULY 18, 2024 Unless vacated or moderated in response to a legal challenge, the May 20, 2024, amendment to the OSHA HCS (HCS 2024) carries the potential of turning the world of chemical hazard communication upside down. Furthermore, it poses a significant threat to global harmonization based on the GHS.
Advance Notice, Potential Showcasing of Third-Party Representatives, and Other Impacts of OSHA’s Walkaround Rule
The impact of OSHA’s final rule on the Worker Walkaround Representative Designation Process (“Walkaround Rule”) appears to go far beyond eliminating the provision stating that the authorized employee representative (“AER”) for an OSHA inspection generally must be an employee of the employer at the site being inspected. That becomes clear after reviewing OSHA’s Frequently Asked Questions[1] for the Walkaround Rule.
Settlement Between The National Chimney Sweep Guild and OSHA
On December 1, 2023, the National Chimney Sweep Guild (NCSG), a trade association consisting almost entirely of small businesses, entered into a precedent-setting settlement with the Occupational Safety and Health Administration (OSHA) to resolve its legal challenge to the 2016 Final Rule amending OSHA’s Fall Protection Standards for General Industry.
Settlement Between The National Chimney Sweep Guild and OSHA
On December 1, 2023, the National Chimney Sweep Guild (NCSG), a trade association consisting almost entirely of small businesses, entered into a precedent-setting settlement with the Occupational Safety and Health Administration (OSHA) to resolve its legal challenge to the 2016 Final Rule amending OSHA’s Fall Protection Standards for General Industry.
Employer Use Of Electronic Monitoring Is Not An OSHA Issue
By Lawrence Halprin (August 17, 2023, 12:08 PM EDT) -- A recent Law360 guest article titled "Biden Admin Must Take Action On Worker Surveillance" asserted that the Occupational Safety and Health Administration must begin work on an occupational safety and health standard to regulate electronic monitoring of employee performance in the workplace.[1]... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Methylene Chloride Proposal: An EPA Template for Superseding OSHA on Workplace Chemical Regulation - Washington Legal Foundation
By Lawrence P. Halprin, a partner in the Washington, D.C. office of Keller & Heckman LLP. INTRODUCTION Reflecting on the implementation of the Toxic Substances Control Act (TSCA) under the Biden Administration, it appears the Environmental Protection Agency (EPA) will eventually supersede and largely replace the Occupational Safety and Health Administration (OSHA) as the agency with primary responsibility for establishing substance-specific toxic chemical standards for the workplace.
OSHA’s Evolving Use of the General Duty Clause to Cite Employers for Medical Mismanagement of Employee Injuries
OSHA is taking a more aggressive enforcement approach toward workplace ergonomic hazards by focusing on the medical management of employee injuries. On April 18, 2023, the agency issued a General Duty Clause (GDC) citation (Inspection 1610874) to an Amazon fulfillment center that, in effect, alleges medical mismanagement of ten identified employee injuries that caused or was likely to cause additional harm or impair recovery of employees.
OSHA Increasing Fines Through Major Changes in Enforcement Policies
In light of the decision by the previous, marginally Democratic Congress not to increase OSHA fines beyond inflation adjustments and the shift to a Republican House, it appears the Biden Administration has decided it will increase deterrence against OSHA violations by implementing penalty increases through two changes in its enforcement policies.
EPA Amends Regulations Governing Significant New Uses Of Chemical Substances
On July 5, 2022, the U.S. Environmental Protection Agency (EPA) finalized amendments to its general rules for Significant New Use Rules (SNURs) appearing at 40 C.F.R. Part 721. A SNUR is a rule issued by EPA under the authority of Section 5(a) of the Toxic Substances Control Act (TSCA).
EPA Amends Regulations Governing Significant New Uses of Chemical Substances
On July 5, 2022, the U.S. Environmental Protection Agency (EPA) finalized amendments to its general rules for Significant New Use Rules (SNURs) appearing at 40 C.F.R. Part 721. A SNUR is a rule issued by EPA under the authority of Section 5(a) of the Toxic Substances Control Act (TSCA).
CMS Plans Enforcement, Sets New Deadlines for COVID Vaccination Mandate
Thursday, December 30, 2021 The Centers for Medicare & Medicaid Services (CMS) on Tuesday announced new dates for nursing homes in Wisconsin and 24 other states to comply with the mandate to vaccinate all non-exempt staff against COVID-19. It also announced plans for survey enforcement. Within 30 days of Tuesday’s directive,[1] these nursing homes must have developed policies and procedures and 100% of non-exempt staff[2] must have received at least one dose of COVID vaccine.
OSHA Turns Up the Heat on Heat Illness
On October 18, 2021, the White House Office of Management and Budget (OMB) cleared for publication what the Spring Regulatory Agenda describes as a Request for Information (RFI) designed to collect information that the Occupational Safety and Health Administration (OSHA) will use to support the development and adoption of a Heat Illness Prevention Standard for Indoor and Outdoor Work Settings. It is expected to be published in the Federal Register shortly.
OSHA Seeks to Develop a Heat Illness Prevention Standard
October 21, 2021 Mississippi Gaming Commission Meeting Report October 21 Meeting by: Thomas B. Shepherd III and Christopher S. Pace China’s Supreme People’s Court Submits Report to the National People’... by: Aaron Wininger End of California 2021 Legislative Session Brings New Laws Affecting... by: Scott P. Jang and Jonathan A. Siegel Cosmetic Blunder – All UK Instagram Content Must Make Clear on the...
Weekly Testing Implementation Concerns
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Review Commission Overcomes Outdated Elements-of-Violation Mantra
Monday, October 4, 2021 Decisions resolving litigation of citations issued by Occupational Safety and Health Administration (OSHA) frequently state the well-known mantra that, to establish a violation of an OSHA standard, the Secretary must show by a preponderance of the evidence: (1) that the cited standard applies; (2) there was a failure to comply with the standard; (3) employees were exposed to the violative condition; and, (4) the employer knew or could have known of the violative...
Proposed Revisions To The OSHA Hazard Communication Standard Go Far Beyond Alignment With The GHS
To print this article, all you need is to be registered or login on Mondaq.com. The proposed revisions to the OSHA Hazard Communication Standard (HCS) that are designed to achieve alignment with the 7th Revision to the Globally Harmonized System1 will trigger extensive compliance obligations for employers subject to the HCS.
Proposed Revisions to the OSHA Hazard Communication Standard Go Far Beyond Alignment with the GHS
Date: Wednesday, June 9, 2021 Time: 2:00 p.m. ET (GMT -5, New York) Duration: 1 Hour Event Type: Live Webinar Cost: Free Register Today! Description It has been over a year since COVID-19 forced most employers to shut down or significantly alter operations. While operations are still impacted, we are starting to see new issues arise, as work more fully resumes, and vaccines and liability protection laws enter the picture.
Proposed Revisions to the OSHA Hazard Communication Standard Go Far Beyond Alignment with the GHS
© 2021 Keller and Heckman LLP. All rights reserved. The proposed revisions to the OSHA Hazard Communication Standard (HCS) that are designed to achieve alignment with the 7th Revision to the Globally Harmonized System1 will trigger extensive compliance obligations for employers subject to the HCS.
Proposed Revisions to the OSHA Hazard Communication Standard Go Far Beyond Alignment with the GHS
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Ninth Circuit Holds that OSHA Respiratory Protection Standard Requires Employers to Evaluate Potentially Harmful Atmospheres to Determine Whether Respirators are Required
September 10, 2019 NLRB Members Intend to Revisit Applicability of ‘Contract Coverage’... by: Kevin M. Sibbernsen and Howard M. Bloom The Medicaid DSH Landscape Following the D.C. Circuit’s Decision in... by: Michi Tsuda and John Voorhees The NLRB Rules That Employers May Bar Union Representatives From... by: Keahn N. Morris and John S. Bolesta The Future of Federal Pay Equity Law, According to Democratic... by: F.
OSHA Releases Request for Information on Table 1 of the Silica Standard for the Construction Industry
August 21, 2019 OSHA Releases Request for Information on Table 1 of the Silica... by: Lawrence P. Halprin and Manesh K. Rath Employer Sues Its Law Firm for Malpractice and EPLI Insurer for Bad... by: Anthony J Oncidi DOL’s WHD Regulatory Reforms in the Home Stretch by: Alfred B. Robinson, Jr. BREAKING NEWS: New Jersey Is Not GILTI! The Division Withdraws TB-85 by: Stephen P. Kranz and Kathleen M. Quinn Preparing for Nevada, California, and New York’s New Privacy Laws by: Gretchen A. Ramos and Cathy C.
OSHA's RFI on its Lockout/Tagout Standard: An Opportunity and a Challenge
Tuesday, June 11, 2019 On May 20, 2019, OSHA issued a Request for Information (RFI)[1] in connection with its plan to amend the OSHA Lockout/Tagout (LOTO) Standard, 29 C.F.R. 1910.147.
OSHA Spring 2019 Regulatory Agenda Released Online
May 30, 2019 CA DPR Announces Changes to California-like Conditions for... by: Lynn L. Bergeson and Lisa R. Burchi Supreme Court Declines to Remove Loophole in CAFA by: Gary M. Pappas and Raina T. Shipman Medical Imaging Company Pays $3 Million Data Security Fine by: Thomas E. Zeno and John E. Wyand Final IRS Regulations Sync Section 956 with TCJA Participation... by: Martin T Hamilton and Richard M. Corn P3 Trends: Rise in Private Placement Financing of Mid-Size P3s by: Andrej Micovic and Albert E.
Compressed Oxygen Cylinder Hazards
A recent Review Commission ALJ decision[1] vacating an OSHA citation could simply be viewed as one where OSHA failed to carry its burden of proof, but it might better be viewed as a reminder of a fire hazard that may not be adequately addressed by some facilities in properly storing, handling and using oxygen cylinders.
Record Keeping Standards Updated by OSHA
We wanted to share this cogent update sent by Amanda Wood at the National Association of Manufacturers (NAM) regarding the "Improve Tracking of Workplace Injuries and Illnesses" Rule, 81 F.R. 29624 (May 12, 2016). As detailed in NAM's announcement below, OSHA announced it has extended the 300A Log submission deadline from December 1, 2017, to December 15, 2017. The extension was officially published in the federal register on Friday, November 24 here.
How Amazon changed Seattle, Lawrence Halprin
Cities are finalizing bids ahead of Thursday's deadline to apply to host Amazon's second headquarters, known as HQ2. City officials are eager to attract 50,000 high-wage jobs, billions of dollars in direct investment and millions more in related economic activity. But Amazon also wants tax breaks. Is HQ2 a prize worth winning? Who better to ask than HQ1, Seattle?
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