On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule to “modernize injury data collection to better inform workers, employers, the public, and OSHA about workplace hazards.”

Currently, OSHA requires employers to keep a record of work-related injuries and illnesses.  Under the new rule, employers will send OSHA injury and illness data that the employers are already collecting for posting on the agency’s website without any personally identifiable information.  Using data collected under the new rule, OSHA will create a public database on work injuries and illnesses.

The new provision becomes effective August 10, 2016, and the new reporting requirements will be phased in over two years.  As of January 1, 2017, all businesses with 250 or more employees in industries currently required to keep OSHA injury and illness records must electronically submit information annually from OSHA Forms 300, Log of Work Related Injuries and Illnesses; 300A, Summary of Work-Related Injuries and Illnesses, and 301, Injury and Illness Incident Report.  Businesses with 20-249 people in high-risk industries must electronically submit OSHA Form 300A annually.

Continue Reading New OSHA Recordkeeping and Reporting Requirements to Take Effect August 2016

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come.

Among the most significant new laws are the series of statutes signed by the Governor in October, which all go into effect next week – January 19, 2016 – and which focus on women’s rights and gender equality.  While some of these laws do not break new ground– as they mirror existing federal legislation – they increase penalties, expand the scope of existing laws, and will likely cause the issues of gender equality to be more in the forefront than they were before passage.

Combined with the new minimum wage and an aggressive “employee friendly” agenda by the Governor and the Attorney General, New York employers should stand by and be ready for even greater changes.

Continue Reading New York Employers – Looking Backward and Forward.

Reprinted with permission from Law360 and Porfolio Media, Inc.

The Occupational Safety & Health Act requires that the U.S. Occupational Safety & Health Administration (OSHA) observe a rulemaking process that is, in many ways, more rigorous and protracted than the rulemaking processes required of regulatory agencies by the Administrative Procedure Act or other statutes.  While

Partner Wayne D’Angelo and associate Catherine Wilmarth authored the IPAA Access Magazine Summer 2015 article “Workplace Safety: OSHA Ramps Up Investigations and Enforcement in the Upstream Industry.”  The article discusses the U.S. Occupational Health Administration’s increased focus on the upstream oil and gas industry as shown by the sector’s inclusion in the Severe Violator Enforcement

On April 15, 2015, the U.S. Occupational Safety & Health Administration (OSHA) published a request for information (RFI) on the occupational hazards experienced during communication tower construction and maintenance activities.[1]  More specifically, OSHA is seeking information on the hazards experienced when constructing and maintaining communication towers, current efforts to abate those hazards, and additional

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