By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. As reported in a previous post on this blog, https://www.fmglaw.com/OSHA published on May 12, 2016 a final rule amending its record-keeping regulations to include new electronic submission mandates. The … Continue reading OSHA Amends Electronic Record Rules

By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. Although many federal agencies have been affected by the partial government shutdown, the U.S. Department of Labor is not one of these agencies. The U.S. Department of Labor, including … Continue reading OSHA Open During Partial Government Shutdown

By Robert G. Chadwick, Jr.,  Partner,  Freeman Mathis & Gary, LLP. In 1981, the Fifth Circuit Court of Appeals announced in Melerine v. Avondale Shipyards, Inc., that “OSHA regulations protect only an employer’s own employees.” For thirty-seven years, this decision … Continue reading Fifth Circuit Expands OSHA’s Authority To Cite General Contractors

By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. On October 9, 2018, the Eleventh Circuit Court of Appeals in U.S. v. Mar-Jac Poultry, Inc., affirmed a district court order quashing a search warrant which sought to expand … Continue reading Eleventh Circuit Limits Scope Of Unprogrammed Inspection

By Robert G. Chadwick, Jr,  Partner, Freeman Mathis & Gary, LLP. On May 12, 2016, OSHA published a final rule that, among other things, added a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. See … Continue reading OSHA Reverses Course On Safety Incentive Programs and Post-Accident Drug Testing

By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. According to OSHA’s website, more than 150 citations issued by the agency in 2017 proposed fines in excess of $100,000. More than 30 of these citations proposed fines in … Continue reading IN 2017, OSHA ISSUED MORE THAN 150 CITATIONS IN EXCESS OF $100K

By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. At the conclusion of an inspection, OSHA generally conducts a closing conference. The closing conference may be conducted in person at the employer’s worksite or by telephone. Most closing … Continue reading WHAT DOES AN EMPLOYER NEED TO KNOW ABOUT AN OSHA CLOSING CONFERENCE?

By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. On December 1, 2017, OSHA issued a news release on its website announcing that citations had been issued by the agency against Manafort Brothers, Inc. for alleged violations at … Continue reading HAS OSHA RESUMED STRATEGY OF PUBLICLY SHAMING EMPLOYERS?

By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. On October 18, 2017, an employee of a Maryland granite company allegedly killed three co-workers and wounded two others at his place of employment. Police reported that the employee … Continue reading WORKPLACE VIOLENCE: AN OSHA UPDATE

By Robert G. Chadwick, Jr.,  Partner, Freeman Mathis & Gary, LLP. The Occupational Safety & Health Act (“OSH Act”) authorizes OSHA, as part of an inspection of an employer, to “question privately any such employer, owner, operator, agent or employee.” … Continue reading PREPARING NON-MANAGEMENT EMPLOYEES FOR OSHA INTERVIEWS!