Last month in our March 21st Conversations with Mike and Tony, along with some recent changes to OSHA penalties and recent data on job injuries, we also talked about the fact that David Keeling was nominated by President Trump to head the Occupational Safety and Health Administration (OSHA). His confirmation by the Senate is still pending, but what might Mr. Keeling consider changing?

In the wake of the 2024 elections, the impact of the Trump administration on the Occupational Safety and Health Administration (OSHA) is poised to undergo significant shifts. Traditionally a cornerstone of American workplace safety, OSHA's regulatory framework may experience a noticeable pivot towards deregulation. This anticipated move reflects the administration's historical stance on reducing government intervention in business practices. 

As 2024 ended, the Bureau of Labor Statistics (BLS) published its annual report on workplace fatalities and injuries that occurred the prior year (2023). There was a total of 5,283 workplace deaths that year. Fatalities dropped 3.7% from 2022. This report provides a lot of details, some of which we report below. More complete information is available at the BLS website.

Michigan employers may not “discharge an employee or in any manner discriminate against an employee because the employee files a complaint” under the state’s safety and health law. An employee that may have suffered an adverse employment action against them because of involvement in a safety complaint may bring a complaint to the Michigan Department of Labor and Economic Opportunity within thirty (30) days after the violation. This will lead to a MIOSHA investigation and...

The legalization of marijuana use, either for medical, recreational, or both, has led to an increase in positive marijuana tests as reported by Quest Diagnostics. In 2019 the percentage of positive tests was 3.1%. In 2023 the number rose to 4.5%. However, the number of positive tests is not the only thing that has gone up. The number of workers cheating on their drug tests has also risen.

The Netflix show, Baby Reindeer, is a fictionalized story based on a real-life stalking incident. It tells the story of a struggling comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he works as bartender. Martha then begins harassing and stalking Donny, his friends, and his family. It turns his life upside down. In real life, there are employment laws that address stalking and/or domestic violence situations involving employees, and it’s important that employers...

It’s summertime and parties, vacations, weekend get-a-ways, and public celebrations are increasing.  We are more likely to relax and let our guard down as we enjoy barbeques, birthday parties, or family get togethers. One thing we should not let our guard down on is drug and alcohol testing.

On May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique [“ART”] (massage that targets soft tissues), and exercises and stretching.

There is an excessive heat warning this week in Michigan, and ensuring the safety and well-being of employees working outdoors is a critical responsibility for employers. Heat-related illnesses, such as heat exhaustion and heat stroke, can pose serious health risks. To protect outside workers from the heat, employers must implement comprehensive strategies that address hydration, acclimatization, work schedules, protective clothing, and training.

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...

On Friday, the Occupational Safety and Health Agency (OSHA) issued final “walk around” rules that will allow persons such as union representatives/activists or other third parties to accompany OSHA Inspectors into non-union workplaces (onto private property) to walk with them during safety inspections. “The new rules give the employer and the employee the right to authorize a representative to accompany the OSHA official during a workplace inspection.” The final rule...

It's been almost exactly four years since the onset of the COVID-19 pandemic reshaped the American work environment. Over this period, the Centers for Disease Control and Prevention (CDC) has provided crucial guidance, navigating us through various stages of precautionary measures, from mask mandates to their relaxation and vice versa. On March 1, 2024, the CDC introduced a significant alteration to its isolation recommendations for individuals infected with COVID-19.

Traliant, an innovator in online compliance training and ASE partner, announced its new workplace report, Fear Factors: A 2024 Employee Survey Report on Workplace Violence, Harassment, and Mental Health. Compiled from a survey of over 1,000 employees in the U.S., the study assesses the reality of how employees are experiencing workplace violence, misconduct, and mental health in the workplace. Most notably, the survey revealed almost 1 in 4 respondents have witnessed workplace violence...

Now that marijuana has been legalized for recreational use in Michigan and 23 other states and all 50 states have legalized some form of use – from CBD oil only to medical marijuana to fully legalizing use – employers are wondering if they should continue to have applicants/employees submit to drug tests.

Michigan, with its bustling automotive, manufacturing, and construction sectors, has a significant portion of its workforce exposed to high noise levels. A Hearing Conservation Program (HCP) is a crucial tool for employers to protect their workforce from noise-induced hearing loss (NIHL) and ensure a safe, productive work environment.