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Occupational Safety and Health Law, Third Edition

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This authoritative resource on the Occupational Safety and Health Act (OSH Act) and accompanying regulations examines employer obligations to protect employees from occupational hazards, and provides clear analysis of how the law works—and how it affects clients. It examines every aspect of workplace safety and health law, including recordkeeping and reporting, the general duty clause, penalties, union participation and appeals.

The Third Edition of Occupational Safety and Health Law references key decisions and developments in occupational safety and health law since 2008, emphasizing the principles of law as set out by the Occupational Safety and Health Review Commission, Mine Safety and Health Review Commission and the courts.

The Third Edition updates the treatise’s comprehensive coverage of the OSH Act, its implementing regulations and the cases interpreting them, as federal courts and the Review Commission continue to refine their analysis of employers’ duties under the Act and add nuance to the law. Topics such as penalties and other enforcement prerogatives are discussed, along with agency pronouncements and interpretations issued through mid 2013.

The Third Edition analyzes the Mine Safety and Health Act (MSHA), workers’ compensation laws, whistleblower protection statutes and related state laws. The treatise also examines:

  • Growth in the contingent workforce (i.e., temporary workers, independent contractors, etc.) and its impact on multi-employer liability, and how non-standard employment relationships affect rights and duties under the OSH Act
  • Updates and/or changes in the enforcement and interpretation of standards and the general duty clause by the courts and the Commission
  • Agency perspectives and interpretations of employee walkaround rights and safety incentive programs

The Third Edition offers updates on case law and court decisions, including:

  • Erickson Air-Crane v. OSHA, in which the Commission vacated a General Duty Clause citation alleging a fall hazard, on the grounds that the employer had lacked fair notice of an obligation to provide fall protection and that the issue of whether the employer’s work policy constituted a feasible means of abatement was not properly tried
  • NMSA v. OSHA, in which the D.C. Circuit held that the OSH Act’s delegation provision empowering OSHA to set health and safety standards was constitutional

The treatise discusses OSHA’s Hazard Communication Standard, which was amended in 2012 to align with the Globally Harmonized System of Classification and Labeling of Chemicals; describes the changes and ongoing litigation related to the new standard; and explains MSHA’s implementation of the MINER Act following changes to mine safety legislation.

The Third Edition includes updated text of the OSH Act, a summary of state plans and state plan information, a table of cases and a detailed index.

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2013/Approx. 1,500 pp. Hardcover/ABAWEB2313

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About the Editors-in-Chief
Gregory N. Dale is a partner with Faegre Baker Daniels in Indianapolis, Ind. He serves as national or regional OSHA counsel for employers in many industry sectors, and is recognized by Chambers USA in its Guide to America’s Leading Business Lawyers in the field of labor and employment law for the past several years.
P. Matthew Shudtz is a Senior Policy Analyst with the Center for Progressive Reform (CPR), leading CPR’s Workers’ Rights program and working with law professors from around the country to promote enhanced worker protections through research, analysis and advocacy.

Occupational Safety and Health Law Committee, ABA Section of Labor & Employment Law 

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