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Nov 8, 2024 | 
jdsupra.com | John Surma |Ryan Swink
In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the Occupational Safety and Health Administration’s (OSHA) adjudication procedures would be subject to a slew of constitutional challenges. It appears that our prediction is coming to fruition.
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Nov 8, 2024 | 
jdsupra.com | John Surma |Ryan Swink
Although cannabis remains illegal under federal law, that has not prevented the Occupational Safety and Health Administration (OSHA) from enforcing the Occupational Safety and Health Act (OSH Act) against cannabis-related businesses.
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Nov 7, 2024 | 
natlawreview.com | David Ettinger |Jenny Li |John Surma |Ryan Swink
This week, Schneider Electric confirmed that it is investigating a security incident involving its JIRA internal development platform. The attacker group, “Grep,” allege that it stole 40 GB of data from the JIRA platform by using stolen credentials, including “75,000 unique email addresses and full names for Schneider Electric employees and customers.” Grep posted on a dark web site that it is demanding $125,000 to not leak the data.
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Oct 30, 2024 | 
jdsupra.com | John Surma |Ryan Swink
On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015 enforcement memorandum directed to the same industries. The new memorandum expands on the old.
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Oct 29, 2024 | 
natlawreview.com | John Surma |Ryan Swink |Adam Schurle |Tori Roessler
Skip to main content October 29, 2024 Volume XIV, Number 303 Legal Analysis. Expertly Written. Quickly Found.
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Oct 29, 2024 | 
ogletree.com | John Surma |Ryan Swink
Quick HitsUnder a new enforcement memo related to the animal slaughtering and meat processing industries, inspections of covered establishments are likely to be in-depth and time-consuming. The memo directs compliance officers to make referrals to other federal agencies, including the USDA’s Food Safety Inspection Service.
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May 21, 2024 | 
mondaq.com | John Surma |Ryan Swink
The Occupational Safety and Health Administration (OSHA) issues
regulations and standards, but those cannot possibly address all
workplace health and safety conditions. As a result, OSHA does two
things: one is to incorporate by reference certain industry
standards, and the other is to use Section 5(a)(1), also known as
the General Duty Clause, to cite employers for violations of
industry standards, whether incorporated by reference or not.
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May 17, 2024 | 
jdsupra.com | John Surma |Ryan Swink
The Occupational Safety and Health Administration (OSHA) issues regulations and standards, but those cannot possibly address all workplace health and safety conditions. As a result, OSHA does two things: one is to incorporate by reference certain industry standards, and the other is to use Section 5(a)(1), also known as the General Duty Clause, to cite employers for violations of industry standards, whether incorporated by reference or not.
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May 16, 2024 | 
ogletree.com | John Surma |Ryan Swink
Quick HitsOSHA may look to the National Fire Protection Association’s new electrical equipment maintenance standard for interpretation of agency standards and requirements. The standard, NFPA 70B, requires development of a safety program addressing maintenance, inspections, servicing, and testing of electrical equipment. Employers can expect OSHA to begin relying on NFPA 70B as an industry standard.
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Mar 18, 2024 | 
jdsupra.com | Frank Davis |John Surma |Ryan Swink
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers (WEREs) or workplace emergency response teams (WERTs). Quick Hits OSHA’s proposed Emergency Response Standard—an overhaul of the decades-old Fire Brigades Standard—would apply to firefighting, emergency medical services, and technical search and rescue.
