Tag Archive for: OSHA

Oregon: New State OSHA Drug Testing Regulations

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May 1, 2017

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Federal OSHA’s regulations limiting automatic drug testing have been in effect for some time.  Oregon’s state OSHA plan’s Administrative Order 6-2016, originally filed in November of 2016, is modeled on the federal OSHA regulation and is set to go into effect on May 1, 2017.  Similar to the federal OSHA regulation, the Administrative Order is intended to improve tracking of workplace injuries and illnesses.

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DOL Increases Civil Money Penalties for 2017

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January 13, 2017

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The U.S. Department of Labor (“DOL”) has published final regulations regarding increases for civil money penalties arising from violations of certain employment regulations, such as ERISA, OSHA, FLSA and FMLA.  These penalties are adjusted annually based on the Consumer Price Index to account for inflation.

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OSHA Issues Final Rule on Handling ACA Retaliation and Whistleblower Complaints

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October 13, 2016

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On October 13, 2016, the Occupational Safety and Health Administration (“OSHA”) released final regulations regarding whistleblower complaints under the Affordable Care Act (“ACA”).  The Final Rule (“Rule”) is intended to protect employees who report alleged violations of the ACA, or who receive a premium tax credit or cost-sharing reduction for enrollment in a qualified health plan.  Overall, the rule is very similar to the interim rule implemented in 2013.  However, there are some changes that address procedures and timeframes for employee complaints, OSHA investigations, administrative review procedures, and more.

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November Updates

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This HR Alert addresses the following topics:
  1. Ninth Circuit: USERRA Does Not Prohibit Mandatory Arbitration
  2. Eleventh Circuit: Applicants Cannot Sue for Disparate Impact Under Specific ADEA Statute
  3. California: Cal/OSHA to Develop Indoor Heat Illness Standard
  4. California: Monetary Value of Accrued Vacation not Needed on Wage Statements
  5. California: (More) Amendments to the Fair Pay Act – Prior Salary Not Valid Justification

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OSHA’s Electronic Recordkeeping Rule May Limit Post-Accident Drug Testing

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November 1, 2016

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We reported in June about the Occupational Safety and Health Administration’s (“OSHA”) upcoming Electronic Recordkeeping Rule, which primarily addresses new employer responsibilities for reporting workplace injuries and illnesses. Notably, the Rule also discusses OSHA’s position on post-accident drug testing: “drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” (Emphasis added.)

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August Updates

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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OSHA Issues Final Rule Increasing Employer Reporting Requirements

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NOTE: The effective date for OSHA’s expanded whistleblower protections has been revised.  This change took place after this article’s initial publication date. For more information on the new effective date, please see our August Alert, topic #2.

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published a Final Rule (“Rule”) on May 11, 2016 that (1) requires employers to electronically report injury and illnesses in the workplace, (2) strengthens whistleblower protections, and (3) allows OSHA to publicly post some of the reported data on OSHA’s website.

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OSHA Issues Final Rule on Silica Standards

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OSHA has released its final rule prescribing the regulations and effective dates for its new regulations on exposure to respirable crystalline silica.  Silica dust—which workers may be exposed to by breathing in dust produced by drilling, cutting, crushing or grinding silica-containing materials such as stone or concrete—can cause severe health issues, such as lung cancer, silicosis, and kidney disease.  OSHA’s new measures are intended to provide better protections by limiting exposure.

Key components of the rule are as follows:

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Final Deadline Approaches for OSHA Hazard Communication and GHS Requirements

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to Work with Hazardous Substances

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June 1, 2016

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On June 1, 2016, the final deadline in the 4-year phase-in period for OSHA’s revisions to the hazard communication standard takes place.  These revisions, initiated in 2012 to align with the Globally Harmonized System (GHS) for the Classification and Labelling of Chemicals, required employers to train employees and implement certain safety labels in a four-phase plan.

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January Updates

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This HR Alert addresses the following topics:

  1. OSHA 300A forms, due February 1, 2016;
  2. The U.S. Dept. of Labor’s issuance of guidance on joint employer analysis;
  3. Long Beach, California’s minimum wage rate increase
  4. Federal unemployment insurance rate increase

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