On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and strengthen the agencies' partnership to promote safe and healthy workplaces. Both the Occupational Safety and Health Act and the National Labor Relations Act (NLRA) protect employees' efforts to improve or bring about change to their workplaces with respect to health and safety, including specifically an employee's right to complain to management about unhealthy or unsafe work conditions. Of course, the NLRA protects employees' right to form a union, among other things. While OSHA and the NLRB have historically engaged in cooperative efforts and have entered into prior MOUs, the 2023 MOU expands that cooperation and "strengthen[s] the agencies' partnership to promote safe and healthy workplaces through protecting worker voice." Read more: https://lnkd.in/g7WgaDP7 By Louis Cannon, Erika L. Hughes, and Ashley MeredithStrittmatter
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The National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced on October 31 that they entered an agreement to enhance information sharing and cross-agency consultations, training, outreach, and education. The agencies aim to promote safe and healthy workplaces and protect workers who speak out about unsafe working conditions....Which means employers may find themselves subject to even more scrutiny from multiple agencies. Learn more about what this recent agreement between #OSHA and the #NLRB means for employers in this article. https://lnkd.in/gtWmef3x
Employers Beware: New Federal Partnership Shines Spotlight on Workplace Safety and Health Programs | JD Supra
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Sharing a news update in the world of workplace safety: the National Labor Relations Board and Occupational Safety and Health Administration are expanding their partnership on legal enforcement. This move emphasizes a commitment to worker safety and promotes an environment where employees feel empowered to report unsafe conditions. #safety
OSHA and NLRB Collaborate on Enforcement
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Employers: the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) Final Rule amending workplace investigation regulations takes effect next month, in May 2024. Are you in compliance? The rule allows workers to have employees and certain third-party non-employees act as their representatives and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. Learn more in our new blog: https://lnkd.in/guE2zCGN By Amanda Tzivas #Employers #DOL #WorkersRights #EmploymentLaw #LaborLaw
The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections
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Update On Workplace Safety 300 Log Requirments! Starting Jan. 1, 2024, the U.S. Department of Labor is implementing a final rule impacting certain employers in high-hazard industries. Fundamental changes include electronically submitting injury and illness data, enhancing transparency, and promoting workplace safety. Establishments with 100+ employees in designated industries must submit Form 300 and Form 301A annually to OSHA. To ensure accuracy, companies are required to include their legal name in electronic submissions. OSHA will share collected data on its website, empowering employers, employees, customers, and the public to make informed decisions about workplace safety. Assistant Secretary Doug Parker emphasizes that this rule aligns with Congress's vision for the Occupational Safety and Health Act, providing valuable insights at an industry level to reduce occupational injuries and illnesses. The rule maintains existing requirements for establishments with 20-249 employees and those with 250+ employees in industries routinely keeping OSHA records. #WorkplaceSafety #OSHA #SafetyFirst #EmployeeWellbeing #amphibiousmedics #saviehs Link to OSHA Article: https://lnkd.in/dtaiT4NW.
Department of Labor announces rule expanding submission requirements for injury, illness data provided by employers in high-hazard industries
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On March 29, the Department of Labor (DOL) announced a final rule related to employee representation during workplace Occupational Safety and Health Administration (OSHA) inspections. Specifically, the final rule clarifies the previous regulation under the Occupational Safety and Health Act (OSH Act). https://lnkd.in/gt8QTkdN #osha #employer #humanresources #employmentlaw #workplacesafety #safety #inspections
Labor Department Issues Final Rule on Employee Representation During OSHA Inspections - Personnel Concepts Blog
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The U.S. Department of Labor today published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. #OSHAinspectionrights #employeefreedomofchoice #workplaceinspections
US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections
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The U.S. Department of Labor published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. #safetyfirst #OSHAfinalrule #workplacerepresentation
US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections
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The Occupational Safety and Health Administration (OSHA) has sent its proposed walkaround rule to the White House for final approval. What does this rule entail, and who will it impact? Read our blog to learn more. 👇
The Ongoing Debate Over OSHA's Walkaround Rule
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NLRB AND OSHA JOIN FORCES FOR INVESTIGATIONS AND ENFORCEMENT ACTIONS Posted on Dec 21, 2023 on Employment, Labor Management Issues, Legislative Updates by Brody and Associates, Robert G. Brody and Mark J. Taglia The Occupational Safety Health Administration (“OSHA”) and the National Labor Relations Board (“NLRB”) recently joined forces through a new Memorandum of Understanding (“MOU”). Their goal, to further enhance collaboration between the two agencies during investigations and enforcement actions against employers. The move is expected to further blur the lines between the two agencies and the laws they look to enforce. The likely result is increased unfair labor practice charges filed with the NLRB and citations from OSHA. In a joint press release, the agencies hailed the MOU because many worker efforts to improve safety and health in their workplaces are protected under both the Occupational Health and Safety Act (“OSH Act”) and the National Labor Relations Act (“NLRA”, the NLRA and OSH Act, collectively referred to as the “Acts”). The NLRB and OSHA have historically engaged in cooperative efforts and have entered into formal Memoranda of Understandings to engage in interagency coordination since 1975. Last month’s MOU allows the agencies to more broadly share information, conduct cross-training for staff at each agency, partner on investigative efforts within each agency’s authority, and enforce anti-retaliation provisions. https://lnkd.in/eYH-Fntk
NLRB and OSHA Join Forces for Investigations and Enforcement Actions - Brody And Associates, LLC
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On April 1, the Occupational Safety and Health Administration (OSHA) announced the final version of its Worker Walkaround Rule, which outlines the rights of employees to authorize representatives to participate in OSHA’s inspections of the employees’ worksites. The new rule states that employees may either designate a fellow employee as their representative to accompany the OSHA inspector, or they may designate an outside third-party representative. In our latest blog, labor attorneys Joseph Richardson and Sam Datlof examine the benefits of this rule for workers in potentially hazardous worksites. #OSHA #WorkersRights #LaborLaw
OSHA Announces Final Worker Walkaround Rule | Willig, Williams & Davidson
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