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Total Articles: 10

Are Mandatory OSHA Settlement Conferences Still Mandatory?

Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased penalties that OSHA can now levy may be the reason.

OSHA Spring Regulatory Agenda…What to Expect from OSHA

It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. Last week the spring semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.

OSHA’s National Stand-Down to Prevent Falls in Construction – May 7-11, 2018

Today marks the first day of OSHA’s 5th annual National Stand-Down. The week-long event aims to focus attention on the fact that “Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 370 of the 991 construction fatalities recorded in 2016 (BLS data).”

OSHA Clarifies That Employers in State Plans Must Submit Injury & Illness Data

In a news release issued today, OSHA notified employers in state plans that they must submit their injury and illness data through OSHA’s portal even if their state has not yet adopted the new requirements of the “Improve Tracking of Workplace Injuries and Illnesses” regulation. According to OSHA,

State Plans Must Abide: Fed-OSHA Fixes Alleged “Error” and Mandates Electronic Reporting of Injuries and Illnesses in All State Plan States

On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA’s new electronic recordkeeping and reporting rule.

What Is OSHA? When Might OSHA Pay a Visit? And What Is at Stake for Employers?

The Occupational Safety and Health Act (OSH Act) authorizes the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor to conduct inspections at worksites within its jurisdiction to enforce the safety and health laws promulgated pursuant to the OSH Act. With the U.S. Senate still not confirming President Trump’s nomination of Scott Mugno as the Assistant Secretary of Labor for Occupational Safety and Health, we do not yet know the future direction of OSHA’s enforcement strategy. Thus, for now, it is best to assume no change in direction.

Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643 (March 27, 2018).

Acosta Defends OSHA’s Collection of Injury & Illness Records

During the April 12th U.S. Senate Committee on Appropriation’s Subcommittee Hearing to review the FY2019 Department of Labor Budget Request, Labor Secretary Alexander Acosta was questioned on OSHA’s injury and illness record-keeping regulation passed under Obama’s administration, Improve Tracking of Workplace Injuries and Illnesses.

Worried About OSHA Silica Compliance? Not if You’re in One of These Five States

With the Occupational Safety and Health Administration’s (OSHA) silica standard already in effect for the construction industry and about to go into effect in June of 2018 for general industry, many employers are anxious about whether their programs will pass muster with federal and state OSHA officials. But if you’re in Maryland, worry not. Two years after then secretary of labor Tom Perez heralded the issuance of a final rule on Occupational Exposure to Respirable Crystalline Silica at the International Union of Bricklayers and Allied Craftworkers’ John J. Flynn BAC/IMI International Training Center in Bowie, Maryland, the “Old Line State” has still not adopted a corresponding silica standard.

Frustrations Grow as Nominations are Delayed

Scott Mugno’s confirmation to head OSHA appears to be one of three key Department of Labor nominees caught up in political arm wrestling. Republicans are blaming Democrats for delaying the process by drawing out debates to the full 30 hours permitted by the Senate Rules. Senate Majority Leader Mitch McConnell (R-KY) voiced his frustration on April 9th warning that “[t]he Senate’s workweek will not end until all of these amply qualified nominees are confirmed.” It should also be noted that a Senate vote on Mugno has yet to be calendared.