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Featured Item
OSHA to Issue Citations to Electronic Recording Non-Responders
As we previously reported, the compliance date for OSHA’s new electronic reporting rule for submission of the 300A forms was delayed until December 15, 2017. OSHA recently announced that over 214,000 300A forms were submitted electronically prior to closing the portal. However, this was significantly less than the 350,000 submissions that OSHA was expecting.
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Publications
OSHA Hazard Communication Standard
OSHA’s Hazard Communication Standard (HCS) is based on a simple concept that employees have a right to know and understand the hazards of the chemicals they might be exposed to in the workplace. Unfortunately, many employers fall short when it comes to compliance with the HCS as evidenced by the fact that hazard communication is always toward the top of OSHA’s most cited violations every year.
The HCS requires information to be prepared and transmitted regarding all hazardous chemicals.
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Join the National Safety Stand-Down to Prevent the #1 Cause of Deaths in Construction: Falls
Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 370 of the 991 construction fatalities recorded in 2016 (BLS data). Those deaths were preventable. From May 7-11, 2018, the National Safety Stand-Down raises fall hazard awareness across the country in an effort to stop fall fatalities and injuries.
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A Safety Stand-Down is a voluntary event for employers to talk directly to employees about safety. 
Top 10 OSHA Citations of 2017
Above is a list of the top 10 most frequently cited standards following inspections of worksites by OSHA. Fall protection was the number one citation again, and we have previously examined the connection between fall hazards and fatalities in the workplace as well as the importance of building a safety culture in your workplace.
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Discrimination Based on Transgender Status Violates Title VII
In EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. 6th Circuit Court of Appeals No. 16-2424, the U.S. Court of Appeals for the Sixth Circuit recently ruled that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights Act of 1964. The Sixth Circuit, which covers Michigan, Ohio, Kentucky, and Tennessee, is the first such federal appellate court to so rule.
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The employer, R.G. & G.R.
The NLRB Reverts Back to the Browning-Ferris Joint Employer Test
Since August 27, 2015, employers have been grappling with the new NLRB standard regarding joint employment. The Browning-Ferris v. NLRB decision established that a joint-employer relationship will be found if the alleged joint-employers possess, exercise or simply retain the right, directly or indirectly, to control essential terms and conditions of employment, even if that control is not exercised. The Browning-Ferris decision was appealed and the U.S. Court of Appeals for the D.C.
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