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Showing 20 posts in OSHA.

How Should Employers Provide Bathrooms for Transgender Employees? OSHA Has the Answer.

One of the great equalizing principles in life is that everyone, regardless of gender, has to use a bathroom. This leads to one of the touchier issues involving employers and transgender employees, however, as bathroom use is generally divided by gender. Should employers allow transgender employees to use the bathroom of her or his gender identity? Should employers require transgender employees to use the bathroom of his or her gender assigned at birth? Luckily, OSHA recently released guidance to help employers understand the needs of transgender persons. More >

OSHA’s New Reporting Requirements Will Not Apply In Kentucky

In September, we told you that the U.S. Department of Labor had published its final rule amending the federal Occupational Safety and Health Administration’s (OSHA) reporting and recordkeeping regulations.  The new rule revises the reporting requirements regarding severe injuries and updates the list of industries partially exempt from recordkeeping requirements established in 29 CFR 1904.   As we explained, the new requirements go into effect in federal jurisdictions on January 1, 2015. However, since Kentucky operates an approved state plan, the new reporting requirements do not apply to employers in the Commonwealth. More >

FMLA Confidentiality Provisions Supersede OSHA Recordkeeping Requirements

The federal Occupational Safety and Health Review Commission recently issued an important ruling for employers who have to deal with conflicting reporting and confidentiality requirements under the Occupational Safety and Health Act (“OSHA”) and the Family Medical Leave Act (“FMLA”) of 1993, 29 U.S.C. §§ 2601-2654. In Secretary of Labor v. United States Postal Service, OSHRC No. 08-1547 (09/29/14), the Commission held that the FMLA’s confidentiality provisions supersede OSHA’s recordkeeping requirements. More >

OSHA’s New Regulations Increase Employers’ Reporting Responsibilities

On September 11, 2014, the Occupational Safety and Health Administration (“OSHA”) released a new rule which will significantly increase the type of injuries that must be reported to the agency. The new rule maintains the requirement for employers to notify OSHA of any workplace fatalities within eight (8) hours. Now, in addition, employers are required to report all hospitalizations, plus any injuries that result in amputations or loss of an eye within twenty-four (24) hours. According to OSHA Administrator David Michaels, the expanded reporting requirements for severe injuries will result in employers being “more likely to take the steps necessary to better protect the lives and limbs of their employees.” Michaels said OSHA will use the data they receive to better target industries that need to do more to prevent injuries.

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OSHA & MSHA Budget Proposals for Fiscal Year 2015

As an employment and labor law attorney, I am constantly emphasizing the importance of complying with regulations regarding employee health and safety. Training, up-to-date policies and procedures, and an environment focused on safety are the best ways to ward off costly fines and potential employee lawsuits. More >

Mind Regulations When It Is Time To Mine

The Department of Labor recently issued a reminder to employers involved in the mining industry. As spring (slowly) approaches, surface mines will reopen. As miners head back to the job site and prepare equipment for the new season, potential for injury is high. More >

THE ACA AND OSHA ENFORCEMENT

Soon, all employers with 50 or more full-time employees must offer health care coverage to their employees or be fined.  In order to be counted as full-time under the Affordable Care Act (ACA), an employee must work at least 30 hours per week.  Some employers might decide to use more temporary workers and contractors to avoid the employer mandate under the ACA.  In doing so, employers must be aware that still have certain obligations to protect the safety and health of those temporary or contract workers. More >

Employers Should Take Note of WorkSmart Kentucky

On January 27, 2014, Governor Steve Beshear announced the launch of WorkSmart Kentucky, an initiative aimed at matching employers with their workforce needs. WorkSmart Kentucky is comprised of professionals from the state’s Cabinet for Economic Development, Education and Workforce Development Cabinet, Labor Cabinet, and the Kentucky Community and Technical College System.  Governor Beshear hopes the program will help “maintain the Commonwealth as a key player in the global economy for years to come.” As employers know, qualified workforces are the essential factor for success. More >

Comment Period Almost Over for OSHA Crystalline Silica Proposal, Cont.

As discussed on Monday, the permissible exposure level (“PEL”) for crystalline silica may soon be changing. OSHA has proposed a rule that would establish a new PEL, along with other safety measures to protect against the hazardous material. It should be kept in mind that any federal regulation set is the minimum standard that an employer must adhere to; it is always permissible for an employer to set more stringent requirements (in this case, a lower PEL) for their workplace. In addition, here are some recommended tips for employers whose workforces encounter crystalline silica: More >

Comment Period Almost Over for OSHA Crystalline Silica Proposal

In August 2013, the Occupational Safety and Health Administration (“OSHA”) announced a proposed rule regarding workplace exposure to crystalline silica. The proposal includes two separate standards – one for general industry and maritime employment, and one for construction.

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