Book

Occupational Safety and Health Law, Third Edition

This resource is a complete guide to workplace safety and health law, how it works, and how it affects clients. It covers the Occupational Safety and Health Act (OSH Act), the Mine Safety and Health Act, workers’ compensation laws, whistleblower protection statute, penalties, major cases, and more.

 

Price: $365 Book


Description

Occupational Safety and Health Law, Third Edition is the authoritative resource on the Occupational Safety and Health Act (OSH Act) and accompanying regulations. It 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, together with agency pronouncements and interpretations. Additional highlights include analysis of topics including:

  • Growth in the contingent workforce 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 also analyzes the Mine Safety and Health Act (MSHA), workers’ compensation laws, whistleblower protection statutes and related state laws. It also discusses OSHA’s Hazard Communication Standard, describes the changes and ongoing litigation related to the standard; and explains MSHA’s implementation of the MINER Act following changes to mine safety legislation.

Handy reference materials include the text of the OSH Act, a summary of state plans and state plan information, a table of cases, and a detailed index. 


SUMMARY OF CONTENTS

  • Safety and Health Law Before the Occupational Safety and Health Act of 1970
  • Legislative History of the Occupational Safety and Health Act of 1970
  • The Duty to Comply With Standards
  • The General Duty Clause
  • Employer Obligations to Develop, Maintain, and Disseminate Information
  • Defenses
  • Inspections and Citations
  • The Warrant Requirement in OSHA Inspections
  • Types and Degrees of Violations
  • Civil Penalties and Criminal Sanctions
  • OSHRC Procedure and Adjudication
  • Judicial Review of Enforcement Proceedings
  • Development of OSHA Standards
  • Judicial Interpretations of OSHA's Standard-Setting Authority
  • Procedural Issues and Judicial Review
  • Variances
  • Rights of Workers and Their Representatives
  • Discrimination Against Employees for Health and Safety Activities
  • State Regulation of Occupational Safety and Health
  • The Federal Mine Safety and Health Act of 1977
  • National Institute for Occupational Safety and Health
  • Relationship of the OSH Act to Other Federal Laws and Agencies
  • The OSH Act, Workers' Compensation, and Workplace Tort Liability
  • The Americans With Disabilities Act and the Family and Medical Leave Act
  • Appendices/Table of Cases/Table of Laws and Rules/Index

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Gregory N. Dale is a partner with Faegre Baker Daniels in Indianapolis, IN. He serves as national or regional OSHA counsel for employers in many industry sectors, and has been 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

Contents

View full tables of contents and read the book’s preface or introduction.

Reviews

Read what others have to say about this Bloomberg BNA book.

"Whenever I have a question of substance or procedure under the OSH Act or OSHA’s standards, regulations or rules, Occupational Safety and Health Law is my first stop. If it is not also my last, the last is usually a resource to which the treatise has pointed me. I could not do without it. And the Third Edition takes the earlier superb editions to even greater heights. Every OSHA practitioner, however infrequent, should have the volume within easy reach."

Eric E. Hobbs

Partner, Michael Best & Friedrich LLP Employment Relations Group, and Past Employer Co-Chair, American Bar Association Labor and Employment Law Section’s Occupational Safety and Health Law Committee