Total Articles: 82
Why Safety Requires Consistent Discipline
An effective safety process requires consistent discipline to support other company safety efforts, but it doesn’t always happen.
Non-Union Employees at Worksite Safety Inspections Contradicts OSHA Regulation and Creates Host of Issues for Employers
With private sector union density steadily declining, unions will take help anywhere they can get it. The most recent case in point: the Occupational Safety and Health Administration (OSHA) issued an interpretation letter on February 21, 2013, stating that non-union employees can select anyone—including outside, non-employee union representatives—to accompany OSHA compliance officers during safety and health inspections of an employer’s work site.
Escalating Enforcement by MSHA of Prohibition against Advance Notice of Inspection
Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at mines. It further states: “In carrying out the requirements of this subsection, no advance notice of an inspection shall be provided to any person.” Section 110(e) provides: “Unless otherwise authorized by this Act, any person who gives advance notice of any inspection to be conducted under this Act shall, upon conviction, be punished by [fine, imprisonment, or both].” A recent Senate bill would extend penalties to federal and state inspectors as well as all private persons.
OSHA Opens Worksites to Allow Union Representatives to Participate in Walk-around Inspections of Non-Union Companies
In a new letter of interpretation publically released on April 5, 2013 (originally dated February 5, 2013), the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection of non-union worksites, employees can be represented by anyone selected by the employees including outside union agents.
OSHA Says In A New Interpretation Letter That Outside Union Representatives Can Participate In OSHA Inspections At Non-Union Facilities
website these days, the Agency issued a doozy last month. In an interpretation letter publicly released on April 5, 2013, the U.S. Occupational Safety and Health Administration stated a new interpretation of its regulations that now will permit employees at non-union workplaces to designate non-employees, including “outsider” union officials and/or community representatives (i.e., organizers), as their representatives for what are commonly known as OSHA “walkaround” inspections.
Union Reps Have Access to Non-Union Workplaces During OSHA "Walkaround" Inspections, Agency Says
In an interpretation letter publicly released on April 5, 2013, the U.S. Occupational Safety and Health Administration issued a new interpretation of its regulations that now will permit employees at non-union workplaces to designate non-employees, including “outsider” union officials or community representatives (that is, organizers), as their representatives for what are commonly known as OSHA “walkaround” inspections.
OSHA Sets Sights on Temporary Workers
The Occupational Safety and Health Administration (OSHA) has directed its Compliance Safety and Health Officers (CSHO) to take additional steps during inspections to determine whether employers are adequately protecting temporary workers. Pursuant to a memo issued to OSHA regional administrators, CSHOs are directed to use a new code to document when temporary workers are exposed to health and safety hazards. For this information collection, OSHA will consider “temporary workers” to include those who “work under a host employer/staffing agency employment structure.”
The Heat is On: What Employers Can Do to Protect Employees from Heat-Related Illness
As a cold winter finally comes to an end, many of us look forward to summertime warmth. But while sun and heat may make for a fun day at the beach, they can spell danger for workers who are exposed to soaring temperatures and a rising heat index. According to the Occupational Safety and Health Administration (“OSHA”), thousands of workers in the United States get sick from excessive heat exposure while working outdoors each year and more than 30 workers died in 2012 from heat-related illnesses.
OSHA Interpretation Letter Clarifies Some Safety Responsibilities of Temporary Staffing Agencies and Primary Employers
A recently released Occupational Safety and Health Administration (OSHA) Interpretation Letter outlines the division of responsibility between a temporary staffing agency and the client employer to provide worker safety training, perform hazard communication, and maintain OSHA-related records. Although agency Interpretation letters are limited to the circumstances presented by the person or organization requesting guidance, they shed light on how OSHA would apply its laws and regulations in similar scenarios. The instant Interpretation letter is helpful for any employer that provides temporary personnel to other businesses, as well as one that uses the services of a temporary staffing agency.
Cussing Out Your Employee May Get You Sued...By OSHA?
Hopefully you're already aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 20+ Anti-Retaliation laws enforced by special investigators from OSHA's Whistleblower group. If not, check out the Whistleblower Protection Program website.
Employers Have New Weapon Against Stale OSHA Citations
A recent U.S. Supreme Court decision will give employers facing certain Occupational Safety and Health Administration (OSHA) citations a powerful new defense. In a rare unanimous decision issued on February 27, 2013, the Court held that the Securities and Exchange Commission could not take advantage of the “discovery rule” to avoid the statute of limitations applicable to its enforcement action against investment advisors.
MSHA's Still Making Its POV List, But No Longer Checking it Twice
The Mine Safety and Health Administration (MSHA) recently released a Final Rule that significantly changes the way the Agency charged with protecting America’s miners enforces one of its most powerful enforcement tools: pattern of violations (POV).
Avoiding Liability for Work-Related Injuries to Illegal Aliens
Employers are well aware that just one work-related accident or illness can result in medical expenses, rehabilitation services, and liability compensation. A recent Nebraska Supreme Court decision is a reminder that undocumented aliens, as well as legal workers, may bring workers’ compensation claims. In Moyera v. Quality Pork Int’l, 284 Neb. 963 (Jan. 4, 2013), the Nebraska Supreme Court held that the Nebraska Workers’ Compensation Act applies to undocumented aliens and these employees could be entitled to permanent total disability benefits (“PTD benefits”) for work-related injuries. Courts in other states also have found that undocumented employees are covered by their state workers’ compensation systems, including: (1) Florida, (2) Kansas, (3) Kentucky, (4) Maryland, (5) New Jersey, (6) North Carolina, (7) Ohio, (8) Oklahoma, and (9) Pennsylvania. Such liability can be avoided by carefully managing the hiring process to ensure that you do not employ aliens who are not authorized to work.
What to Expect from OSHA in President Obama’s Second Term
As President Barack Obama officially begins his second term in office, it is appropriate to look ahead at what a “second-term” Occupational Safety and Health Administration will mean for employers. To be sure, the future of the Department of Labor is uncertain, with Secretary Hilda Solis stepping down and her successor yet to be named. However, at this time, the leadership at OSHA during the first term of President Obama is still in place. Therefore, at least for now, employers can expect continuity in terms of enforcement and regulatory policy and priorities.
Employment Law Made Un-Scary: OSHA
Everything you need to know about OSHA in one handy post.
OSHA Launches Alternative Dispute Resolution Pilot Program for Whistleblower Complaints
The Occupational Safety and Health Administration has announced that it will begin offering early resolution and mediation instead of investigations in two OSHA regions to address complaints filed with the agency’s Whistleblower Protection Program. OSHA is charged with enforcing the whistleblower provisions in 22 separate statutes, including the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Sarbanes-Oxley Act (SOX), Affordable Care Act, and the Occupational Safety and Health (OSH) Act. OSHA reports that it receives approximately 2,500 whistleblower complaints each year.
Getting Off OSHA's "Black List"
After two years of uncertainty, employers have finally been given some guidance on how to be removed from OSHA's Severe Violator Enforcement Program (SVEP). On August 16, 2012, the Directorate of Enforcement Programs (DEP) issued a memorandum detailing the removal criteria for the SVEP, clarifying a process that has not been clear since the implementation of the program in June 2010.
Workplace Safety and Health Reporter Summer 2012
An update on safety and health issues relevant to employers and their worksites.
OSHA Sets Forth Steps Employers Must Take to be Removed From the Severe Violator Enforcement Program
The Occupational Safety and Health Administration (OSHA) has issued a memorandum to its regional administrators informing them of the criteria employers must meet to be removed from the agency's Severe Violator Enforcement Program (SVEP). The SVEP – which took effect in June 2010 – is a program that subjects employers to more significant enforcement measures and penalties for willful, repeat, and failure-to-abate violations of the Occupational Safety and Health (OSH) Act.
OSHA Issues VPP Evaluation Report
The Occupational Safety and Health Administration (OSHA) has released a report (pdf) that evaluates its Voluntary Protection Program (VPP) and makes 34 recommendations for changes and improvement. The report was issued by a VPP Review Team, comprised of OSHA regional and national office members. This team was created in April 2011, and tasked with conducting a review of the VPP and issuing recommendations, largely in response to a critical 2009 Government Accountability Office (GAO) report that called for improved VPP oversight and controls.
MSHA/OSHA Report (August 21, 2012)
MSHA Update;
OSHA’s Oil & Gas Flame Resistant Clothing Memo Held to Be Improper Rulemaking;
Final Electric Power Transmission and Distribution and Electrical Protective Equipment Rule Goes to OMB.
OSHA Ratchets Up Heat-Related Inspections; Expect State Plans Like Nevada to Follow
Under pressure to respond to the risks to employees created by the nationwide heat wave this summer, the U.S. Occupational Safety and Health Administration (OSHA) recently instructed its field enforcement staff, “to expedite heat-related inspections and to issue citations, where appropriate, as soon as possible.” Heat-related inspections are to occur on days when the National Oceanic and Atmospheric Association (NOAA) issues a heat advisory forecasting a heat index at or above the “danger zone” for a particular area. OSHA investigators have been instructed to determine whether employers are, at the very least, providing employees with adequate access to water, rest periods, and shade. These directions are contained in a Memorandum issued on July 19, 2012 by OSHA’s Director of Enforcement and signed by the agency’s second-in-command, Deputy Assistant Secretary Richard Fairfax.
OSHA's New Heat Safety Tool for Smartphones
Recent record-breaking temperatures in parts of the country are a reminder of the importance of heat safety for outdoor as well as indoor workers, particularly those who perform strenuous job tasks or who are required to wear heavy protective gear. Employees who are new to the job site or are returning from vacation are often more prone to heat-related illnesses since they are not acclimated to the higher temperatures. Effective heat safety programs should include an acclimation period for new or returning workers, frequent water and rest breaks for all workers, and training on the signs and symptoms of heat-related illnesses. It is essential that employees also understand who they should contact within the Company in the event that they are experiencing the signs and symptoms of heat-related stress.
OSHA Whistleblower Protections In Schools
The Labor Department recently strengthened its Occupational Safety and Health Act Whistleblower Program by dedicating additional funds to training its investigators, performing more thorough investigations, and reassigning responsibility for the Whistleblower Program directly to the Office of the Assistant Secretary of Labor for greater oversight of the program. Schools are covered by the OSH Act, and like most industries, should expect to see an increase in whistleblower claims under the newly-fortified program.
OSHA Issues Rule Updating Head Protection Standard
The Occupational Safety and Health Administration (OSHA) has issued a direct final rule and request for comments (pdf) on the agency’s update of its Personal Protective Equipment (PPE) standards related to head protection. Specifically, OSHA is issuing the direct final rule to revise the PPE head protection requirements of its general industry, shipyard employment, longshoring, and marine terminals standards to conform those standards to the requirements recognized in the 2009 edition of the American National Standard for Industrial Head Protection.
Fire Retardant Clothing Is Not, Per Se, Required to Be Worn by Employees in the Oil and Gas Industry
On June 6, 2012, a decision much anticipated by the oil and gas industry was rendered (the Decision). The Decision has clarified whether fire/flame retardant/resistant clothing (FRC) is always required to be worn by workers in the oil and gas drilling, production, and well-servicing industries. The answer is, "No, not always."
DOL Seeks to Gauge Worker Knowledge of Workplace Wage and Safety Rights
The Department of Labor has submitted to the Office of Management and Budget (OMB) a proposed information collection request (ICR) that would determine the degree of employee knowledge concerning their rights governed by the DOL’s Wage and Hour Division (WHD) and Occupational Safety and Health Administration (OSHA).
Top 10 OSHA Citations In The Healthcare Industry, Part 2
Following up on the discussion in our last issue of the Healthcare Update, this month we are examining one of the most rigorous and demanding areas of OSHA compliance – failure to meet the information and training requirements of the Bloodborne Pathogens Standard (BBP).
Mine Operators: No-Fault Liability Extended to Independent Contractors
The District of Columbia Circuit Court of Appeals has ruled that an independent contractor may be held liable for a violation on mine property even if the contractor was not at fault. This unprecedented ruling affirms a decision of the federal Mine Safety Review Commission in Ames Construction, Inc. v. Federal Mine Safety and Health Review Commission and Secretary of Labor.
Employers Need to Be Aware of New Modifications to OSHA's Hazard Communication Standard
On March 26, 2012, OSHA revised its Hazard Communication Standard (“HazCom”), aligning it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (“GHS”). The revised Standard is intended to help workers better understand chemical hazards in the workplace and to improve safety training related to those hazards. The revisions to the Standard include: (1) changes to the criteria for classifying chemicals according to their hazard level; (2) changes to the labeling system to ensure consistency in labels and Safety Data Sheets; and (3) changes to the training requirements on the new labels and Safety Data Sheets. Non-compliance with the updated Standard can result in OSHA citations and fines.
OSHA Finalizes Major Changes to its Hazard Communication Standard
The Occupational Safety and Health Administration has finalized a rule revising its hazard communication standard to align it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This is one of the agency’s most significant rulemaking efforts in over a decade. The rule, released March 26, 2012, will affect more than 5 million businesses across the country and more than 40 million employees will need to be retrained on hazard communication. OSHA estimates the annualized compliance costs will be more than $200 million for employers. Annualized net monetized benefits are estimated at approximately $550 million.
Senate Hearing Examines Problems with Pace of OSHA Rulemaking
The same day the Government Accountability Office (GAO) released a study finding that it takes an average of nearly 8 years for the Occupational Safety and Health Administration (OSHA) to finalize safety standards, the Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing to address why this process takes so long. HELP Committee Chairman Tom Harkin (D-IA) began the hearing by claiming that the agency "is broken" and that its rulemaking process is "mired in bureaucracy." Citing the GAO study, Harkin noted that in the 1980s and 1990s OSHA issued 47 safety standards, but has finalized only 11 since that time. OSHA's silica standard, he highlighted, has been in development since 1974. While hearing panelists offered different proposals to solve the rulemaking delay, most agreed that the agency needs to set priorities and focus on those rules instead of continually shifting gears and getting "mired" in its own processes.
New Rules On Chemical Safety Board Investigations
The U.S. Chemical Safety Board (CSB) announced that it has developed a new policy on employee participation in investigations. The Board hopes to greatly expand the role played by employees in determining the root cause of incidents and promoting facility safety as a part of every CSB Investigation. The policy was approved by a unanimous vote of the Board after a roundtable convened by the CSB in 2011 involving accident victims, family members, and employee representatives.
OSHA to Renew Focus on Hazards in Nursing and Residential Care Facilities
The Occupational Safety and Health Administration (OSHA) has announced a new National Emphasis Program (NEP) (pdf) that sets forth the policies and procedures for targeting and addressing occupational illnesses and injuries most commonly experienced in nursing and residential care facilities. As described in the NEP, these hazards include ergonomic stressors relating to resident handling; exposure to blood and other potentially infectious materials; exposure to tuberculosis; workplace violence; and slips, trips, and falls.
OSHA Forecast For 2012: Cloudy With Possible Storms
Strategic changes at the Occupational Safety and Health Review Agency in the last several years have resulted in stricter enforcement, larger penalties, greater compliance requirements and new regulations. This year we expect to see many of the proposed rules and initiatives that OSHA has been pushing make significant progress within the regulatory process, and maybe even come to life.
OSHA Issues a New Guidance Memo on Safety Incentive Programs
In its September 28, 2010 Directive on the Injury and Illness Recordkeeping National Emphasis Program (NEP), OSHA announced its intention to investigate "company policies that may have the effect of discouraging recording on the injury and illness records . . . . "
New OSHA HazCom Rule: What It Means for Employers
The what, when and why of the new OSHA Hazardous Communication standard
OSHA Releases Final Hazard Communication Rule
The Occupational Safety and Health Administration (OSHA) has issued its much-anticipated final rule (pdf) revising the agency’s Hazard Communication Standard (HCS) to better align it with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals.
The Wait Is Over – OSHA Publishes Final Hazard Communication Standard
In a much anticipated move, on March 20, 2012, the federal Occupational Safety and Health Administration (OSHA) released the final revised Hazard Communication Standard. The final standard will be published in the Federal Register on March 26, 2012, and will become effective, in part, on June 26, 2012, with a built-in transition period and a fully effective date of June 1, 2016.
OSHA's Twin Sister Is In Your Backyard
You would be hard-pressed to find someone who has not heard of OSHA. OSHA's presence is felt by employers across broad segments of American industry, from construction to food service. What many people don't realize, however, is the pervasiveness of OSHA's (older) sister agency, the Mine Safety and Health Administration, or MSHA.
MSHA/OSHA Report (February 2012)
Criminal Conspiracy Charged; OSHA Releases Videos on Respirators;Posting Injury and Illness Summary.
Top 10 OSHA Citations In The Healthcare Industry
Each year the Occupational Safety and Health Administration (OSHA) issues hundreds of citations to employers in the healthcare industry. While medical centers, doctors' offices, and clinics must all comply with a significant number of standards, the citations issued to hospitals remain relatively constant from year to year.
MSHA/OSHA Report (January 2012)
Mine Safety Disclosures Required in SEC Reports; OSHA Issues I2P2 White Paper and Moves Forward with Small Business Review.
OSHA Announces New Focus Areas
The Occupational Safety and Health Administration has recently announced three new focus areas targeting hazards in certain specified work environments. These include: winter storm months, chemical facilities, and formaldehyde exposure in the hair product/salon industry.
Workplace Safety and Health Reporter Winter 2012
An update on safety and health issues relevant to employers and their worksites.
OSHA Provides Warnings and Work Tips for Anticipated Winter Storm Work Hazards
As the winter storm season approaches, the Occupational Safety and Health Administration has focused on protecting workers from hazards during winter storm response and recovery operations. OSHA’s new webpage, entitled “Winter Storms,†provides employers with information on preparing for winter storms and identifying and controlling hazards associated with winter storm conditions.
MSHA/OSHA Report (December 2011)
MSHA Flagrant Violation Policy for $220,000 Penalties Rejected;
New Rim Wheel Service Guidance;
OSHA Expands National Emphasis Program (NEP) for Hazardous Chemicals.
OSHA Compliance For Restaurants
Restaurants and their trade associations are justifiably proud of their food safety efforts as shown by the July 27, 2011 announcement by the National Restaurant Association celebrating over one million classes of restaurant industry training. But inspections by the Occupational Safety and Health Administration (OSHA) continue to turn up significant shortcomings in restaurant OSHA compliance – and these issues are not limited to the large institutional setting.
Tips For Protecting Your Workers From The Cold
Recent temperatures in the northeast were near record lows, meaning employees working in cold temperatures could face serious health risks. Cold weather is particularly dangerous to employees spending long hours outside, such as construction workers. Prolonged exposure to freezing or cold temperatures can result in serious health problems like trench foot, frostbite, hypothermia, and in extreme cases death. With winter bearing down upon us, it is a good time to familiarize yourself and your employees with the danger signs and important tips to protect them from the cold weather and potentially serious health threats.
MSHA/OSHA Report
Call for Felony Prosecution Power for MSHA Violations; Call for Public Hearings for Accident Investigations – Subpoena Power; OSHA Update - Recordkeeping Enforcement; OSHA Update - BLS Workplace Injury Data for 2010.
MSHA Update - Issues of Fairness with Regular and Special Assessments Review
By law, civil penalties can become final only when approved by the Federal Mine Safety and Health Review Commission. Thus, penalty assessments issued by MSHA are “proposed†only. By a legal fiction, they can become final orders of the Federal Mine Safety and Health Review Commission, if not timely contested. Final penalties are to be based on consideration of six criteria in the Federal Mine Safety and Health Act: 1) history of violations; 2) size of business; 3) negligence; 4) ability to continue in business; 5) gravity; and 6) good faith in abatement. Operator contests typically dispute all or some of these findings.
OSHA 2011 Site-Specific Targeting Directive
Each year, OSHA revises its Site-Specific Targeting Directive based on the previous year’s data relating to workplace injuries and illnesses. OSHA “uses these data to calculate establishment-specific injury/illness rates, and in combination with other data sources, to target enforcement and compliance assistance activities.†Based on the results, locations with higher incident rates are scheduled for comprehensive inspections, including review of OSHA 300 logs for at least three of the past four years.
Incidence Rates of Nonfatal Injuries and Illnesses in Private Sector Continue to Decline
According to information released by the Bureau of Labor Statistics (BLS), the number of reported cases of private sector nonfatal occupational injuries and illnesses that occurred in 2010 declined once again from the prior year, continuing an 8-year trend. The BLS reports that in 2010, 3.5 injury and illness cases per 100 equivalent full-time workers were reported, down from 3.6 per 100 in 2009. The incident rate of injuries incurred only in the private sector remained unchanged between 2009 and 2010, with 3.4 reported cases per 100 full-time employees. Illness-only cases remained relatively unchanged as well. The only private industry sector that experienced an increase in its injury and illness incidence rate was manufacturing, which the BLS attributes to a larger decline in hours worked rather than the corresponding decline in reported injury and illness cases in that sector.
MSHA Update - Civil Penalty Deadlines
There are basically two types of civil penalty deadlines. There is a statutory deadline for operators to file notices of contest challenging the civil penalty and related citation and findings. There is also a deadline under the rules of the Federal Mine Safety and Health Review Commission for the Secretary of Labor (MSHA) to respond to operator contests by filing a petition for assessment of civil penalty with the Commission within 45 days. (The law actually calls for the Secretary to notify the Commission “immediately†upon receipt of an operator contest, but no consequences were established by Congress if this does not happen.)
OSHA Update - Employers as Guardians Against Violence
Earlier this month, OSHA issued Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents. This new Directive is aimed at providing compliance officers guidance for responding to, and inspecting, allegations and incidents of workplace violence. In conjunction with the Directive, OSHA launched a new webpage focused on preventing workplace violence.
OSHA'S 2011 Site-Specific Targeting Plan
Last week OSHA announced its 2011 Site-Specific Targeting (SST) plan, the Agency's annual inspection program for general industry establishments with high numbers of injuries and illnesses. Whereas prior SSTs included only establishments with 40 or more employees, this year's SST has been expanded to include establishments with as few as 20 employees. The SST does not apply to employers in states with their own state occupational safety and health agency, although state agencies may choose to adopt the federal program in lieu of creating their own. Construction worksites are also excluded from the SST.
Occupational Safety and Health Review Commission Establishes Test for Applying Attorney-Client Privilege to Third-Party Reports
In a case of first impression, the Occupational Safety and Health Review Commission has established a three-part test for employers claiming third-party safety and health audits protected from disclosure by the attorney-client privilege. Applying underlying legal principles of privilege to the technical area of safety and health assessments, the Commission has set forth steps that all employers need to consider taking before conducting any safety and health audits of their operations. The case, Secretary of Labor v. Delek Refining, Ltd., OSHRC No. 09-0844, was decided on July 11, 2011.
Retail Industry - The Injured Worker: Practical Approaches For Avoiding Lawsuits
Retail jobs almost all require certain physical capabilities. These can include physical work such as moving heavy inventory, pushing a mop, bending to assist a customer in getting a product off the bottom shelf, or handling merchandise at the cash register. Employees with physical limitations that prevent them from performing all the functions of their job can be difficult to manage.
MSHA/OSHA Report (August 2011).
Large Rock Leaving Mine After a Blast is Declared an “Accidentâ€; OSHA Update.
MSHA Update
New issues have prompted noteworthy rulings by administrative law judges. While judge’s decisions are not binding precedent, they can influence other judges and are sometimes cited by the Federal Mine Safety and Health Review Commission.
OSHA Update - Draft Proposed I2P2 Regulation Is Expected by Mid-August
As part of the rulemaking process and pursuant to the Small Business Regulatory Enforcement Fairness Act (SBREFA), OSHA will soon convene a panel of small business members to review and comment on a draft of the Injury and Illness Prevention Program (I2P2) regulatory text it anticipates publishing as a proposed rule. The agency recently announced that it expects to provide SBREFA members this draft by mid-August. The I2P2 rule remains one of the agency’s top priorities. Agency officials have indicated that they want to issue a final I2P2 rule in the next four years.
MSHA/OSHA Report (June 2011)
MSHA Enforcement - Document Demands; OSHA Document Demands; OSHA Update - Confined Spaces; OMB Review of Silica Rule Extended; National Survey on Employer Safety and Health Practices; OSHA Takes Aim at the Primary Metals Industry.
MSHA/OSHA Report
MSHA Enforcement Update; OSHA Update - Heat Related Illnesses; I2P2 Remains on OSHA's Agenda for 2011; OSHA Enforcement Update.
OSHA Enforcement Directive on Fall Protection in Residential Construction Effective June 2011
An Occupational Safety and Health Administration (OSHA) compliance directive requiring contractors performing residential construction to comply with the residential fall protection standard will take effect as scheduled on June 16, 2011. The Standard (29 C.F.R. § 1926.501(b)(13), Duty to Have Fall Protection) generally requires that guardrails, safety nets or personal fall arrest systems be used on residential jobsites that are more than six feet off the ground.
MSHA/OSHA Report (April 2011)
MSHA Enforcement – Whose Employees Are These?; OSHA Enforcement.
MSHA/OSHA Report (March 2011).
MSHA Budget—Oversight—Internal Review; Air Contaminant Survey Requirements; Workplace Examinations; OSHA Budget—OSHA Enforcement; New Guidance for PPE.
Crowd Control Tips From OSHA
In 2008, an employee of a major retailer was trampled to death by a stampede of customers surging into the store looking for Black Friday deals. On the same day, two customers in another chain had a shooting match resulting in both dying, although it does not appear to have been a shopping-related incident.
OSHA Moves Ahead with Injury and Illness Prevention Program (I2P2)
No, “I2P2” is not the cute little robot in the Star Wars movies. It is the moniker given by the Occupational Safety and Health Administration to its expected Injury and Illness Prevention Program. The agency is working on new regulatory requirements that may affect nearly every employer. The agency wants employers everywhere to undertake an overarching, programmatic approach to occupational safety and health, a framework for their businesses to incorporate hazard investigation, identification, remediation and prevention into workplace culture. OSHA Administrator Dr. David Michaels describes the program rule as a “risk-based system to address hazards” in which workers will play “an important role.” OSHA, he said, is “trying to get away from [a] ‘catch-me-if-you-can’” approach to dealing with workplace safety and health issues.
Employers Don't Need to Worry About Bedbugs . . . Or Do They?
Bedbug infestations reported recently in major cities, including New York, Detroit and Cincinnati, have again drawn public attention to this growing pestilential nuisance. A casual observer might assume that bedbugs would not concern a human resources professional, in-house counsel or office administrator. He would be wrong. Bedbugs are invading workplaces, too. Offices, retail stores and other establishments have reported their presence. As with any other issue that may affect the workplace, employers need to understand the nature of the problem and their responsibility for addressing it. Left unchecked, it can become the focal point of any number of workplace complaints, grievances and charges.
The Lucky 13.
13 Strategies To Improve Safety, Reduce Exposure, And Improve Profits
The new administration's focus at OSHA, and other government agencies, focuses less on compliance and increasingly more on enforcement. That means more inspections, more audits, and more fines. Here are some ways you can help your company stay out of trouble.
OSHA moves forward with new final regulation - Injury and illness recordkeeping for "musculoskeletal disorders" and new 300/300A Forms.
In what some have characterized as a foundational step to returning to OSHA's broad-based ergonomics regulation rejected by Congress in 2001, OSHA has moved forward with its new final regulation for "musculoskeletal disorder" injury and illness recordkeeping, submitted to the White House Office of Management and Budget on July 14, 2010, for projected release by OSHA no later than next month.
Under the new regulation, 29 C.F.R. 1904.12, effective January 1, 2011, all covered non-partially exempt employers will be required to record musculoskeletal disorder injuries and illnesses in the new musculoskeletal disorder ("MSD") column added to the OSHA 300 Log and 300A Form.
Mine Safety eAuthority (July 2010).
Miner Safety and Health Act of 2010 Clears Committee on Party-Line Vote – Most Surface Mines and Non-Gassy Metal/Nonmetal Mines Excluded
New Legislation Proposes Sweeping Changes to OSH Act
On July 21, the House Committee on Education and Labor approved the Robert C. Byrd Miner Safety and Health Act of 2010 (H.R. 5663). The name of the bill is misleading, because in addition to addressing mine safety, the bill also proposes comprehensive revisions to the Occupational Safety and Health Act of 1970 (OSH Act).
Miner Act 2010?
The House Education and Labor Committee, chaired by Representative George Miller of California, recently drafted a bill (H.R. 5663) entitled the “Miner Safety and Health Act of 2010.” The measure’s stated purpose is to improve safety compliance, “empower workers to raise safety concerns,” prevent tragedies and establish victims’ rights.
Don't Let OSHA Spoil Your Summer Fun.
As summer approaches, companies begin preparing for morale-building activities such as company-sponsored picnics, amusement park outings and other activities meant to build camaraderie and reduce stress. But employers should remember that any injuries sustained during such company-sponsored activities may need to be recorded on their Occupational Safety and Health Administration (OSHA) injury and illness logs.
Shelter From The Sun: Heat Protection for Employees in Arizona.
Arizona leads the nation in heat-related deaths, nearly all of which occur during the hot summer months. Companies with outdoor workers need to review their policies regarding the protection of workers from the elements.
Federal Government Announces A New Nevada OSHA Office: What This Means To You.
The federal Occupational Safety and Health Administration (OSHA) recently announced that it has, for the first time ever, opened an office in Nevada. The new office, which opened in early May, is located in Las Vegas.
Don't Let Employees Get Hurt As You Dig Out.
In the midst of finding childcare for children unexpectedly home from school, coping with business disruption, power outages, and dangerous streets, we often forget that winter storms, like hurricanes, pose special workplace hazards especially when employers begin to clean up and restore business. Many fatalities, injuries, and OSHA citations occur as employees perform non-routine tasks after the storm eases.
OSHA’s 2009 Site-Specific Targeting Plan.
On July 20, 2009, OSHA announced its new Site-Specific Targeting (SST) Plan for General Industry worksites with 40 or more employees. The SST Plan is OSHA’s primary tool for targeting employers with high numbers of serious injuries and illnesses for on-site inspections. This Plan does not apply to Construction worksites or to states with their own state OSHA agency. The 2009 SST Plan is based on employers’ OSHA 300 Logs and the OSHA 300A Annual Summary information for calendar year 2007.
Retail Industry Update: There's A New Sheriff In Town - President Obama's Enforcement-Driven OSHA.
Throughout his campaign, Sen. Barack Obama continually promised change if he was elected President, and he is now making good on that promise. If you read the safety-activist blogs and media reports, many seem to believe that OSHA is broken and the Obama Administration has to fix it. They cite the decrease in OSHA funding (adjusted for inflation) and a decrease in the number of OSHA inspectors as proof positive that this is not the OSHA that should be.
Disciplining Unsafe Behavior: Cornerstone of an Effective Safety Program.
Regardless of the outcome of the November Presidential election, an emboldened Congress will demand passage of numerous workplace-safety laws already introduced, including the radical Protecting American Workers Act. Observers also expect a shift in OSHA efforts from some cooperative programs to a more punitive and politicized enforcement effort, coupled with the departure of many evenhanded career professionals from OSHA and other agencies. Next to preparation for the possible passage of the Employee Free Choice Act (see Cute Titles for Bad Laws in May, 2008 Labor Letter) no area should receive more employer attention as 2008 comes to an end.
OSHA Form 300A Must Be Posted By February 1, 2008.
Most employers are required under the federal Occupational Safety and Health Act of 1970 to maintain an ongoing record of occupational injuries and illnesses. Employers must use the Occupational Safety and Health Administration’s (OSHA) Form 300, the “Log of Work-Related Injuries and Illnesses” to classify work-related injuries and illnesses. The OSHA Form 300 is also used to note the extent and severity of each case.