OSHA Insights Blog
When Will OSHA Treat Independent Contractors as Employees?
As OSHA attorneys, we often hear from our clients that OSHA cited them for the acts of their subcontractors or independent contractors. Generally, an employer is not liable for the acts of its subcontractors or independent contractors, but there are exceptions. One...
U.S. Department of Labor Announces Annual Adjustments to OSHA Civil Penalties
The U.S. Department of Labor is again adjusting OSHA civil penalty amounts based upon cost-of-living adjustments for 2021 as provided in the Federal Civil Penalties Inflation Adjustment Act Improvements Act.. OSHA will be increasing its maximum penalties amounts for...
OSHA’s New Leadership Under the Biden Administration
Under the Biden administration, there will be sweeping changes to OSHA, including to the people that run OSHA and the direction that they take the Administration. With former Boston Mayor and union leader Marty Walsh tapped to lead the Department of Labor, it is clear...
Who is exempt from OSHA?
Because of OSHA's broad scope, most employers and employees must follow its standards and regulations on occupational health and safety. However, there is a small category of persons exempt from OSHA, i.e., they are safe from citations and punishment if they do not...
How to Quash an OSHA Warrant
If an employer refuses an OSHA inspection, or if prior to the inspection it is believed that the employer will refuse the inspection, OSHA can seek an inspection warrant. Once the employer receives the OSHA inspection warrant, it is possible to get the warrant...
When OSHA Can Request 300 Logs
When an OSHA representative requests an employer to provide copies of its 300 log, the employer must provide copies of the log within four business hours. But when is OSHA allowed to request the 300 logs? An OSHA inspector can access an employer’s 300 log if the...
OSHA’s Severe Violators Enforcement Program: How employers in the construction industry may be subject to the SVEP
The Severe Violator Enforcement Program (“SVEP”) was established in June 2010 to replace OSHA’s replacement to the Enhanced Enforcement Program (“EEP”) after a number of problems with the EEP were identified, including a failure to properly identify and inspect...
OSHA Inspections: Follow up Inspections v. Monitoring Inspections
There are various types of inspections officiated by OSHA that employers are subjected to. Some of these inspections seems very similar, if not the same, which may lead to some confusion. Specifically, follow-up inspections and monitoring inspections have very similar...
Defending against OSHA Citations: Affirmative Defense against Improper Inspections
Employers are given the opportunity to challenge OSHA citations and investigations that may be improper. Under Section 8(a) of the Occupational Safety and Health Act, OSHA requires inspections to be conducted in a reasonable manner, at reasonable times, and conducted...
Contesting OSHA Citations Late
Upon receiving an OSHA citation from federal OSHA, an employer has 15 working days from receipt of the Citation and Notification of Penalty to file a written Notice of Contest. 29 U.S.C. § 659(a). But if an employer misses the 15-day window to file a Notice of...