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This is a follow-up to our July 24, 2015 bulletin regarding OSHA’s new Confined Spaces in Construction Standard. OSHA has announced that it will, again, delay the enforcement of this new standard – which provides construction workers with protections similar to those found in the manufacturing and general industry – until January 8, 2016.
OSHA critics often complain that the maximum allowed penalties have not changed since 1990 when the penalties were set at $7,000 (other than serious and serious) and $70,000 (repeat or willful). The “Bipartisan Budget Act of 2015” will both cause a dramatic increase in those amounts and will result in those amounts being indexed to the Consumer Price Index.
Recently, the Tennessee Supreme Court entered its opinion in Rye v. Women’s Care Center of Memphis, MPLLC. In it, the Supreme Court held the analytical framework governing summary judgments in Tennessee state courts since 2008 is unworkable.
Effective January 1, 2015, the rules related to the reporting of certain incidents to OSHA changed. The old rules required that employers report the hospitalization of three or more employees and the death of one or more employees. The new rules require employers to report deaths of one or more employees, amputations, eye losses, and the overnight hospitalization of one or more employees for more than observation.
Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more sophisticated, and banks and courts respond to attacks.
In a prior OSHA Bulletin, we wrote about the National Labor Relations Board’s decision in the case of Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business Services, and Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, Petitioner, Case 32–RC–109684 (the “BFI Decision”).
Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the implementation of additional revisions to ease sanctions and potentially secure economic opportunities for both countries.
Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though criminal prosecutions under the Act are relatively few, OSHA’s Field Operations Manual states “the Area Director, in coordination with the Regional Solicitor of Labor, shall carefully evaluate all willful cases involving employee deaths to determine whether they may involve criminal violations of Section 17(e) of the Act.”
Recent NLRB ruling may expand OSHA’s focus on host employers. For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the actual employer (the temporary service, the staffing agency, the staff leasing service, or the contractor) and the “host employer” when temporary employees and employees of contractors were exposed to workplace hazards in violation of the Occupational Safety and Health Act (the Act).
Friday, September 4, 2015 is the final day to provide comments on the legislation. As the end of 60 day period for public comment on the proposed revisions to the U.S. Department of Labor's ("DOL") overtime rule approaches, the controversy regarding an increase in overtime pay wages on. According to the regulations.gov website, more than 150,000 comments about this legislation have been submitted.