The Occupational Safety and Health Administration plans to propose a new rule requiring employers to protect employees exposed to high temperatures at work. This federal government regulation is the first of its kind to provide protection from heat on the job. As the summer months arrive and heat records rise, employers would do well to examine OSHA’s proposal, and to understand the legal pitfalls facing employers under the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA), should employees complain about or walk off the job due to excessive heat in the workplace.

On Tuesday, October 18, the Occupational Safety and Health Administration announced that it will once again postpone the enforcement date of the “employee involvement” provisions of its new rule on drug-testing, retaliation claims, and accident reporting, entitled “Improve Tracking of Workplace Injuries and Illnesses,” 81 Fed. Reg. 29624 (May 12, 2016).  This is the second

On October 13, an en banc Eighth Circuit Court of Appeals, in Perez v. Loren Cook Company, denied the Secretary of Labor’s petition for review of an order handed down by the Occupational Safety & Health Review Commission (OSHRC). In doing so, the court provided an in-depth discussion of circumstances where the Secretary (and