In light of the Occupational Safety and Health Administration’s recent announcement of a Notice of Proposed Rulemaking to rescind the majority of its controversial electronic reporting requirements (which we discussed in our July 2018 E-Update), I decided to review some previous guidance on these requirements (yes, because I am that much of a nerd). The requirements had been imposed through a final rule issued in 2016, which also sought to provide additional protections to workers for reporting work-related illnesses and injuries – specifically targeting safety incentive programs and drug-testing programs. I was shocked to realize that OSHA asserts that post-incident drug-testing of employees pursuant to a collective bargaining agreement violates the Occupational Safety and Health Act! Continue Reading OSHA Pre-empts CBA Drug-Testing Provisions?

Apple has a new $5 billion headquarters building on its campus in Cupertino, California.  It was constructed from the imagination of iconic founder, Steve Jobs, who envisioned the structure with its glass-encased interior and exterior rings as a true “temple of design” (according to the San Francisco Chronicle).  In fact, architecture and interior design often are aspirational.  We construct spaces to reflect not who we are, but who we would like to be, to elevate us from the clutter of our messy lives to a higher plateau.  We seek feng shui – uplifting energy.  Sometimes, however, concept clashes with real life (like when I realized my amazing new master bathroom with the walk in shower and granite counters had no place to hang hand towels; my interior designer thought that towel rings would interrupt the feng shui).
Continue Reading Does Apple’s New HQ Violate OSHA?

Here we are again on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time, during the 2013 federal government shutdown, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational Safety and Health Administration (OSHA) and the Wage-Hour Division (WHD)), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC).  So we thought we’d provide you with an updated summary of these plans, which set forth what the agencies will and will not do if there is an actual shutdown. Continue Reading EEOC, NLRB and DOL Shutdown Contingency Plans – The 2018 Edition

OSHA initially launched the “Heat Illness Prevention” campaign in 2011 to help educate employers and employees on the dangers that may arise when working in hot environments.  This year, OSHA re-emphasized its plan of action and published a “Quick Card,” which outlines several ways for employers to maintain the safety of their employees.  Heat illness can take many forms including heat stroke, heat exhaustion, heat cramps, and heat rash. Continue Reading OSHA’s Guidelines for Employees Working during the “Dog Days of Summer”