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What is "Training"? ( January 1996 )
Companies everywhere these days are being cited by OSHA and sued in product liability or related civil lawsuits for not "training" their employees in the potential hazards and precautions to take in their jobs. Similarly, the overwhelming number of product liability suits contain a failure to warn or instruct users properly about safe operating procedures or potential product condition hazards. -
The Power of Associations in Court ( March 2002 )
A recent case in the 5th Circuit U.S. Court of Appeals revealed that appellate courts are interested in granting intervention to associations in OSHA cases and learning about industry practice and the impact of new interpretations upon safety practices. The case is Trinity Marine Nashville Inc. v. OSHRC and Secy. Of Labor (No. 00-60673, decided December 5, 2001). -
OSHA Targets for 2005 ( August 2004 )
Although it seems OSHA has been in hibernation from inspecting manufacturing employers, the agency has turned its attention toward construction-industry inspections, targeted employers with high workers' compensation injury rates and expanded its legal authority. -
When OSHA Inspectors Give Compliance-Method Advice: Listen and Document ( September 2003 )
Can employers rely upon compliance-method affirmative advice received from OSHA inspectors and OSHA consultation staff officials? Yes, as a number of recent cases and agency developments have shown. -
OSHA Issues New Whistleblower Regulations: Defending a Sarbanes-Oxley Whistleblower Charge ( December 2003 )
Should your publicly traded company be accused of violating the anti-retaliation provisions of the Criminal Fraud Accountability Act of 2002, also known as the Sarbanes-Oxley Act, the Occupational Safety and Health Administration ("OSHA"), whose mission is "to save lives, prevent injuries and protect the health of America's workers," will conduct the investigation, not the Securities and Exchange Commission ("SEC"), as you might expect. -
OSHA Announces Ergonomics Plan ( September 2002 )
After having the Clinton administration's ergonomics regulations repealed by Congress last spring, the Bush administration went into a planning phase for over a year and recently announced its intentions. Instead of the mandatory ergonomics rules advanced under the Clinton administration, OSHA is going to develop industry-specific "guidelines" that will be enforced under the general duty clause. -
OSHA's New Recordkeeping Requirements: Where Does Utah Stand? ( March 2002 )
As most employers know, the Occupational Safety and Health Administration ("OSHA") passed new recordkeeping requirements that became effective January 1, 2002. Despite being three times longer than the old regulations, the new regulations are being touted by OSHA as simpler and clearer. -
Proposed OSHA Rule Could Force Redesign of 4.5 Million Jobs ( January 2000 )
This article reviews the proposed OSHA rule which could effect 4.5 million jobs in the United States. -
Will the new ergonomics standard effect your business? ( September 1999 )
This article summarizes OSHA's proposed regulations governing ergonomics standards for workplaces having manufacturing operations, manual handling operations and jobs where there is a way to record musculoskeletal disorders. -
OSHA Client Alert ( January 2000 )
This alert reviews OSHA's proposal to regulate ergonomic injuries in the workplace. If the proposed rules are promulgated, OSHA will regulate musculoskeletal disorders.
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