When it comes to OSHA-reportable fatalities and injuries, there are some important exceptions in the regulation that employers should be aware of. An OSHA-reportable in-patient hospitalization is limited to a formal, in-patient admission to a hospital or clinic for care or treatment. However, the regulation explicitly exempts in-patient hospitalizations that involve mere observation or diagnostic […]
Happy New Year from Snell & Wilmer’s Labor and Employment Blog! In case you missed them, here are some of the highlights from 2018: Employment Do you have a “100 percent healed” policy? You may reconsider it after reading this. Does your employee handbook need a makeover? Here are tips to help your policies and […]
The winter edition of Snell & Wilmer’s “Under Construction” newsletter is out now. This issue takes a looks at: The importance of reviewing all of the contract documents or templates you may have to evaluate whether they need to be refreshed or overhauled. Legal accountability, construction accidents and OSHA. This article offers a few key questions […]
In a recent Occupational Safety and Health Administration (“OSHA”) case, OSHA issued a serious, willful citation for an employer’s failure to log an employee injury on its OSHA 300 log within seven days. In this case, the employee was injured while operating a chainsaw. After being notified of the injury, OSHA eventually began its investigation. […]
The Occupational Safety and Health Administration (“OSHA”) published its Final Rule on May 12, 2016 regarding safety incentive programs and post-incident drug testing. However, recently, OSHA published a clarification of its Final Rule on these two topics. OSHA’s main purpose in publishing this clarification memorandum is to ensure that employers know that OSHA does not […]
In a recent Eleventh Circuit Court of Appeals decision, the Court found that the Occupational Safety and Health Administration (“OSHA”) 300 recordable injury and illness log does not, by itself, establish the existence of an OSHA violation in a workplace. In USA v. Mar-Jac Poultry, Inc., OSHA demanded to expand the scope of an injury-based […]
When considering whether to admit to an ADOSH OSHA citation, keep in mind the changing time periods for a repeat citation. A repeat citation is issued when the employer has been cited previously for the same or substantially similar citation and that citation has become a final order. Prior to January 2018, the statute of […]
On September 23, 2017, Federal OSHA adopted the silica standard for the construction industry. The general industry aspect of the silica standard took effect on June 23, 2018. As a state plan state, Arizona has six months to adopt the Federal OSHA standard. However, review and approval of this standard had been delayed at the […]
Snell & Wilmer invites you to take part in a complimentary, informative two-part OSHA webinar series, designed to help educate attendees on safety programs free from flaws. While you are welcome to attend either of the individual webinars listed below, we encourage you to mark your calendar for both sessions, as the second webinar builds […]
The Occupational Safety and Health Administration (OSHA) is still without an agency head six months into the presidency of Donald Trump. As such, the future of OSHA is unclear in light of the president’s promises of less government intervention and less regulation. Should these promises be implemented in the realm of occupational safety and health, […]
