Latest Articles

The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in Indoor Places of Employment.  It is seeking public comments.…
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen The Second Circuit Court, in a recent opinion, has upheld a ruling by the Occupational Safety and Health Review Commission (Commission) that different facilities/subsidiaries or affiliated companies with a common owner/parent corporation were not a “single employer” under the Occupational Safety and Health Act (OSH Act), thus repeat citations were not appropriate. The Commission overruled the administrative law judge (ALJ) who found against the…
By Brent I. Clark and Craig B. Simonsen The U.S. Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) recently issued a hazard alert on hydraulic fracturing operations intended to protect workers from silica exposure. According to the OSHA press release the action was taken after consultation with stakeholders and that it also meets the Obama Administration’s focus on ensuring that this important industry continues to be developed…
By Brent I. Clark and Craig B. Simonsen The Occupational Safety and Health Administration (OSHA) has recently filed a complaint with the Occupational Safety and Health Review Commission (OSHRC) which it asserts “marks the second such time that the department has expressly sought enterprisewide relief from an employer.” This recent complaint was filed against the DeMoulas Super Markets (DeMoulas). The previous complaint, which is still pending, was filed against the U.S. Postal Service in…
By Brent I. Clark and Craig B. Simonsen The Occupational Safety and Health Review Commission (OSHRC) recently reviewed an employment relationship between a company and the workers allegedly exposed to cited conditions, in Secretary v. Southern Scrap Materials Co., Inc., OSHRC Docket No. 94-3393 (September 28, 2011), and reaffirmed a long line of cases concerning a host employer’s responsibilities for temporary employees. In this case Southern Scrap Materials Co., Inc. (Southern Scrap), disputed the…