Trump Administration Clamping Down On Regulatory Activity with Controversial “One-in, Two-Out” Order

By | Not Safe for Work | February 24, 2017
The Trump Administration has made an effort to clamp down on regulatory activity by his executive branch, issuing an executive order directing agencies to repeal two regulations for each one rule they issue (“one-in, two-out”) and instructing that any new regulations finalized this year must have an incremental cost of zero. View Full Post
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OSHA Reminds Employers to Post Injury and Illness Summaries

By | OSHA Law Blog | February 23, 2017
The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged during 2016.  To read the full article, written by Nickole Winnett, click here. View Full Post
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Signs That OSHA Priorities Are Shifting Under the Trump Administration?

By | OSHA Law Blog | February 22, 2017
There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule.  As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data with OSHA as well as heightens scrutiny related to both drug testing and safety incentive programs.  View Full Post
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Labor Department Backs Away from Permitting Unions at OSHA Safety Inspections

As we reported last week, the U.S. District Court refused to dismiss a challenge to OSHA’s controversial 2013 Fairfax Memorandum, which allowed for the participation of union representatives in OSHA safety inspections at workplaces where the union did not represent the workers. We asked at the time whether the Trump Administration would continue to defend that change in policy. View Full Post
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Court Refuses to Dismiss Challenge to OSHA Practice Allowing Unions to Accompany OSHA Workplace Investigations

By | OSHA Law Update | February 17, 2017
Court Refuses to Dismiss Challenge to OSHA Practice Allowing Unions to Accompany OSHA Workplace Investigations A United States District Court in Texas has refused to dismiss a law suit challenging OSHA’s practice of allowing union representatives and organizers to serve as “employee representatives” in inspections of non-union worksites. If the Court ultimately sustains the plaintiff’s claims, unions will lose another often valuable organizing tool that has provided them with visibility and access to employees in connection with organizing campaigns. View Full Post
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Employers Earn an Important Victory in “Union Walk-around” Lawsuit

By | Not Safe for Work | February 14, 2017
On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds.  The Fairfax Memo permits employees to designate third parties as their representatives in OSHA worksite inspections.  View Full Post
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