Michael Taylor

Firm/Organization: Greenberg Traurig, LLP

Latest Articles

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

By Michael Taylor & Adam Roseman on August 7, 2019

We Didn’t Start the Fire . . . . But Your Employees Might Breathe the Smoke Last year was the most destructive fire season in California’s history. Over 7,600 wildfires burned nearly two million acres. As a result, on July 18, the California Department of Industrial Relations (DIR) Occupational Safety Health Standards Board adopted an emergency regulation to protect workers from hazards associated with wildfire smoke. The regulation is now in effect, following its approval…

GT L&E Blog

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

By Michael Taylor & Adam Roseman on August 5, 2019

Last year was the most destructive fire season in California’s history. Over 7,600 wildfires burned nearly two million acres. As a result, on July 18, the California Department of Industrial Relations (DIR) Occupational Safety Health Standards Board adopted an emergency regulation to protect workers from hazards associated with wildfire smoke. The regulation is now in effect, following its approval on July 29, 2019, by the Office of Administrative Law. The emergency regulation will be effective…

GT L&E Blog

House Zeros in on Workplace Violence in Health Care and Social Service Industries

By Michael Taylor & Brett A. Castellat on March 5, 2019

House Democrats have set their sights on workplace violence in health care and social service industries. According to congressional findings, the health care and social service industries suffer the highest rates of injuries caused by workplace violence. Health care and social service workers made up 69 percent of all workplace violence injuries in 2017 and were nearly five times as likely to suffer a workplace violence injury than workers overall. To address this problem, on…

GT L&E Blog

OSHA Continues to Increase the Maximum Penalty Amounts for Citations

By Michael Taylor & Brett A. Castellat on January 25, 2019

On Jan. 15, 2019, the U.S. Occupational Safety and Health Administration issued a notice announcing another increase in the maximum penalty amounts for violations of federal Occupational Safety and Health standards and regulations. Under the new structure, the maximum penalty for “Willful” or “Repeated” violations is $132,598. Moreover, the maximum penalty for “Failure to Abate” violations is $13,260 per day after the abatement date. Finally, the maximum penalty allowed for “Serious,” “Other-Than-Serious,” and “Posting Requirements”…

GT L&E Blog

OSHA Clarifies Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

By Michael Taylor & Brett A. Castellat on October 22, 2018

On Oct. 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum (the Memorandum) clarifying its position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit employers from instituting workplace safety incentive programs or post-incident drug testing. OSHA stated that to the extent any of their other OSHA interpretive documents conflicted with the Memorandum, the Memorandum would govern. Employers must be cognizant of the guidance in the Memorandum to make sure that any negative…

E2 Law Blog

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

By Michael Taylor & Brett A. Castellat on October 12, 2018

On Oct. 1, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new Regional Emphasis Program (REP) to address hazards from exposure to fertilizer-grade ammonium nitrate (FGAN) and agricultural anhydrous ammonia. The REP will be effective in the states of Arkansas, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, and Texas. It is aimed at employers in the fertilizer storage, mixing/blending, and distribution industries whose workers can face hazards leading to serious illness,…

GT L&E Blog

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

By Michael Taylor & Brett A. Castellat on October 12, 2018

GT L&E Blog

California Supreme Court: Civil Penalties for Employers Accused of Violating California’s Occupational Safety and Health Act

By Michael Taylor & Adam Roseman on February 13, 2018

On Feb. 8, 2017, the California Supreme Court ruled that California law allows local prosecutors to pursue civil penalties against employers accused of workplace-safety violations under California’s Occupational Safety and Health Act (Cal OSHA). Solus Indus. Innovations, LLC v. Superior Court, No. S222314, 2018 WL 771814 (Cal. Feb. 8, 2018). This means that California employers will be faced with both civil and administrative penalties for violations of workplace safety and health violations. This is significant,…

GT L&E Blog

The Eleventh Circuit Expands the Definition of ‘Machine’ Under the OSHA Lockout/Tag-out Standard

By Michael Taylor & Adam Roseman on October 27, 2017

On July 13, 2017, the Eleventh Circuit Court of Appeals was tasked with deciding what constitutes a “machine” under OSHA’s lockout/tag-out (LOTO) standard (29 C.F.R. § 1910.147). Sec’y of Labor v. Action Elec. Co., 868 F.3d 1324 (11th Cir. 2017). Specifically, the court had to decide under what circumstances different pieces of equipment are considered one “machine” thus mandating that all pieces of equipment that comprise the “machine” must be de-energized when employees are only servicing…

GT L&E Blog

California Adopts New Regulations for Refineries

By Michael Taylor & Adam Roseman on August 17, 2017

On August 7, 2017, the California Department of Industrial Relations and the California Environmental Protection Agency amended the California’s Occupational Safety and Health Process Safety Management (PSM) standard to improve workplace safety and hazard prevention and management at the 15 refineries in California. The new standards are more stringent than federal OSHA’s process safety management (PSM) standard. They place new administrative and financial burdens on refiners and, according to a state regulatory impact assessment, will…

Michael Taylor

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

House Zeros in on Workplace Violence in Health Care and Social Service Industries

OSHA Continues to Increase the Maximum Penalty Amounts for Citations

OSHA Clarifies Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

California Supreme Court: Civil Penalties for Employers Accused of Violating California’s Occupational Safety and Health Act

The Eleventh Circuit Expands the Definition of ‘Machine’ Under the OSHA Lockout/Tag-out Standard

California Adopts New Regulations for Refineries

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