U.S. Occupational Safety and Health Administration (OSHA)

On July 15, 2020, the United States Court of Appeals, Fifth Circuit, filed its decision, holding that “dives made by aquarium staff members to feed animals housed at aquarium and to clean the facility’s tanks qualified as “scientific diving” within [the] meaning of [the] exemption,” and reversing OSHA’s order finding the opposite which was affirmed

In Part 1 of this blog, we discussed the new interim guidance for meat processing plants.  To combat concerns of a devastating reduction in our food supply chain, President Trump issued an Executive Order requiring processing plants to stay open.  Despite that order, some employees at these processing plants have expressed an intent not to

Workers in essential industries are increasingly concerned about their health and safety in the workplace. This is most clearly evidenced by the recent strikes, or threats of strikes, by employees at large manufacturing and distribution centers. Further, meat processing plants are reporting an increasing number of employees contracting COVID-19, requiring these plants to shut down


Appeals by Employers:

  • Must submit a written objection (“Notice of Contest”) to OSHA within 15 working days of receiving a citation.
  • The OSHA Area Director forwards the objection to the Occupational Safety and Health Review Commission (“OSHRC”), which operates independently of OSHA.
  • An employer may request an informal meeting

What are the results of an inspection?

After the compliance officer reports findings, the Area Director determines whether he or she will issue citations and/or propose penalties.


Inform the employer and employees of the regulations and standards alleged to have been violated; and the proposed length of time set to correct alleged hazards.


Wayne E. Pinkstone, Esq., a partner in Labor and Employment at Fox Rothschild, spoke to a packed house at the 2015 American College or Laboratory Animal Medicine (“ACLAM”) Forum titled “Update your Skill Set: Leadership & Management, Preclinical Models & Occupational Health,” held in New Orleans, LA, from May 3-6, 2015.

The objective of Wayne’s