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Report Link OSHA Report Scores Nevada Worker Safety Administration, Promises further Oversight of State Programs.Jackson Lewis LLP - October 30, 2009 Twenty-five workplace fatalities occurred in Nevada from January 2008 to June 2009. In the wake of those deaths, the Nevada Occupational Safety and Health Administration (“Nevada OSHA”) came under media fire regarding its investigations into the deaths as well as two complaints to the federal Government. The “Complaints about State Program Administration,” regarding a fatality at one Las Vegas casino and a complaint investigation at another, were filed with the U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”). As a result of increasing concerns about the Nevada OSHA’s state plan performance, OSHA conducted a study of the agency. The 80-page report, released on October 20, 2009, details serious deficiencies at Nevada OSHA and outlines numerous recommendations for improvement. In addition, the DOL stated that it will increase its oversight and monitoring of all state OSH programs. Report Link The Occupational Safety and Health Administration Continues to Focus on Recordkeeping: National Emphasis Program Announced.Baker Hostetler LLP - October 26, 2009 With an effective date of September 30, 2009, OSHA’s one-year national emphasis program (NEP) on recordkeeping will target employers with lower than average injury and illness rates in historically high-rate industries. Based on academic studies released within the past few years, which suggest workplaces underreport injuries and illnesses, OSHA will be conducting what amounts to a comprehensive audit of certain employers’ business records. OSHA compliance officers are instructed to review not only employers’ OSHA Forms 300, 301 and 301A, but medical records, workers’ compensation records, insurance records, payroll/absentee records, and if available, company safety incident reports, company first-aid logs, alternate duty rosters, and disciplinary records pertaining to injuries and illnesses. Moreover, if an employer has in place a policy that may have the effect of discouraging recording of injuries and illnesses, such as an awards program, OSHA will request a copy of the employer’s policy. Report Link OSHA Proposes Major Changes to its Hazard Communication Standard.Jackson Lewis LLP - October 20, 2009 In one of the most significant rulemaking efforts in over a decade, OSHA is proposing to revise its hazard communication standard to align it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). If finalized, the rule would affect over 5 million business establishments across the country and potentially over 120 million employees. Over 40 million employees would need to be trained on hazard communication under the proposal. OSHA estimates the annualized compliance costs will be almost $100 million for employers. Annualized benefits are estimated to be approximately $850 million. Report Link OSHA Targets Underreporting of Injuries with National Emphasis Program.Buchanan Ingersoll & Rooney PC - October 08, 2009 In response to recent academic studies suggesting that employers underreport accidents and discourage employees from reporting injuries sustained on the job, the Occupational Safety and Health Administration (OSHA) announced on October 1, 2009, a new national emphasis program (NEP) on recordkeeping. Report Link OSHA Implements 2009 Site-Specific Targeting Plan.Baker Hostetler LLP - October 02, 2009 Each year, the Occupational Safety and Health Administration (“OSHA”) issues a Site-Specific Targeting (“SST”) Plan identifying for inspection industry sectors with historically high occupational injury and illness rates The SST-2009 plan will target manufacturing, non-manufacturing, and nursing and personal care facilities. Report Link OSHA's 2009 Site-Specific Targeting Plan Establishes New Selection Criteria for Inspecting and Puts New Focus on Nursing Homes.Buchanan Ingersoll & Rooney PC - September 16, 2009 On September 4, 2009, the Occupational Health and Safety Administration (OSHA) announced that it would focus its 2009 Site-Specific Targeting (SST) Program on nearly 4,000 high-hazard worksites on the agency's list for comprehensive safety inspections. For the past 11 years, OSHA has used the SST Program to target non-construction employers with high numbers of serious injuries and illnesses. OSHA revises its SST Program annually based upon injury and illness data gathered from its annual Data Initiative Survey of approximately 80,000 employers. The employers surveyed have 40 or more employees and historically high rates of occupational injury and illness. Report Link President Obama nominates David Michaels to lead OSHA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 03, 2009 On July 28, the White House announced that President Obama had selected epidemiologist David Michaels, Ph.D, MPH, to head OSHA as Assistant Secretary of Labor. Mr. Michaels must be confirmed by the Senate. He has prior government experience, serving as the Department of Energy Assistant Secretary for Environment, Safety and Health during the Clinton Administration. One of his achievements at DOE was to aid the passage of the Energy Employees Occupational Illness Compensation Program Act of 2000, designed to compensate nuclear weapons workers who developed illnesses as a result of exposure to radiation and chemicals in the workplace. Report Link George Washington University Professor David Michaels to be Nominated to Head OSHA.Jackson Lewis LLP - July 31, 2009 President Barack Obama has announced he intends to nominate Professor David Michaels to be the Assistant Secretary of OSHA. Professor Michaels is the interim chair of the Department of Environmental and Occupational Health at the George Washington University School of Public Health in Washington, D.C. If confirmed, Professor Michaels will join Acting Assistant Secretary of OSHA Jordan Barab in the political leadership of the safety and health agency. Report Link OSHA’s 2009 Site-Specific Targeting Plan.Constangy, Brooks & Smith, LLP - July 29, 2009 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. Report Link Employment Law360: Upholding OSHA's Multi-Employer Citation Policy.Baker Hostetler LLP - July 28, 2009 Cleveland partner Patricia Poole authored an article, "Upholding OSHA's Multi-Employer Citation Policy," which was published as the exclusive guest column in the July 24, 2009, edition of Employment Law360. Report Link OSHA Issues Comprehensive Guidance on Silica in Construction.Jackson Lewis LLP - June 11, 2009 In a harbinger of things to come, the Occupational Safety and Health Administration recently released comprehensive guidance on controlling silica exposures in construction. This guidance had been under development at the agency for years, but it was not until President Barack Obama took over the White House that the guidance document was published by the safety and health agency. Report Link Retail Industry Update: There's A New Sheriff In Town - President Obama's Enforcement-Driven OSHA.Fisher & Phillips, LLP - June 01, 2009 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. Report Link OSHA to Regulate Combustible Dust.Jackson Lewis LLP - May 08, 2009 Signaling its renewed focus on regulatory means to address occupational hazards, the Occupational Safety and Health Administration is pursuing comprehensive rulemaking to prevent combustible dust explosions. The Agency has announced it will be issuing an Advance Notice of Proposed Rulemaking (ANPR) and convening stakeholder meetings to evaluate approaches to regulating combustible dust. Employers with combustible dust hazards in their worksites are encouraged to participate in the rulemaking process. Report Link House Introduces Bill to Protect Workers from Dust Explosions and Fires.Baker Hostetler LLP - April 22, 2009 On April 4, 2009, legislation designed to protect workers from the hazards associated with combustible industrial dusts was reintroduced in the House of Representatives. H.R. 849, the “Worker Protection Against Combustible Dust Explosion and Fires Act” (“Act”), would require the Occupational Safety and Health Administration (“OSHA”) to issue rules regulating combustible industrial dusts. A prior version, H.R. 5522, passed the House, but was not voted on in the Senate by the end of the last session of Congress. Report Link OSHA Working On Six New National Emphasis Programs.Jackson Lewis LLP - April 20, 2009 Signaling its renewed focus on enforcement, the Occupational Safety and Health Administration has announced it is developing six new National Emphasis Programs (NEPs). NEPs focus OSHA’s resources on industries, hazards, and occupational injuries and illnesses that need additional targeted enforcement, in the Agency’s view. Report Link OSHA Withdraws ANPR on Diacetyl.Jackson Lewis LLP - March 17, 2009 Citing the need to convene quickly a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel on diacetyl, the Occupational Safety and Health Administration (OSHA) on March 17 withdrew its January Advance Notice of Proposed Rulemaking (ANPR) on “Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl.” 74 FR 11330. OSHA states in the withdrawal notice that members of the public still are welcome to submit comments to OSHA and those comments will be made part of the rulemaking record. Report Link OSHA Seeks Information from the Public for New Mandatory Rule on Diacetyl.Jackson Lewis LLP - January 29, 2009 Citing the need for additional information as it prepares to issue a mandatory rule on diacetyl, the Occupational Safety and Health Administration (OSHA) published an Advance Notice of Proposed Rulemaking (ANPR) on January 21, soliciting comments from employers and other members of the public on the uses, exposures, and health risks of the substance. Jackson Lewis encourages all employers that have employee exposures to diacetyl to submit comments to the ANPR. Comments are due by April 21, 2009. Report Link OSHA Extends Written Comment Period for Proposed Cranes Standard.Jackson Lewis LLP - December 15, 2008 In response to numerous stakeholder requests, the Occupational Safety and Health Administration announced that it is extending the time for submitting written comments on its controversial cranes and derricks in construction proposed rule until January 22, 2009. The comment period was initially set to expire on December 8. Report Link OSHA Issues Revised Inspection Targeting Program Focused on Certain Industries.Jackson Lewis LLP - December 15, 2008 A revised Site-Specific Targeting Program (SST) issued by the Occupational Safety and Health Administration will direct OSHA’s inspection resources at employers in high-hazard industries. Report Link Occupational and Mine Safety Enforcement Under the New Administration.Baker Hostetler LLP - November 20, 2008 It is anticipated that American businesses will see tougher inspections and higher fines from the Occupational Safety and Health Administration ("OSHA") and the Mine Safety and Health Administration ("MSHA") under President-elect Obama. All signs point to a markedly different relationship between the Department of Labor and employers on workplace safety issues. Report Link Disciplining Unsafe Behavior: Cornerstone of an Effective Safety Program.Fisher & Phillips, LLP - November 05, 2008 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. Report Link OSHA Proposes Rule to Fundamentally Reshape Crane Use in Construction.Jackson Lewis LLP - October 20, 2008 All construction companies who use cranes and derricks in their work will face major changes to their operations under a rule just proposed by the Occupational Safety and Health Administration. OSHA’s proposed rule for Cranes and Derricks in Construction, published in the Federal Register on October 9, would significantly revise OSHA’s existing requirements for crane use, now over 35 years old. The proposal would apply to virtually all cranes used at construction sites. Report Link MINER Act is No Minor Act.Elarbee, Thompson, Sapp & Wilson, LLP. - October 14, 2008 All mine operators should be aware of tougher penalties for violations of safety rules imposed by the Mine Improvement and New Emergency Act (“MINER Act”). The MINER Act amends the Federal Mine Safety and Health Act of 1977 (“the Mine Act”) and is the biggest amendment in the Mine Act’s thirty year history. Report Link OSHA to Issue New Mandatory Rules Specific to Tree Care Operations.Jackson Lewis LLP - September 19, 2008 Citing significant and serious hazards in tree care operations and in response to a rulemaking petition submitted by the Tree Care Industry Association, the Occupational Safety and Health Administration (OSHA) has announced that it will issue new mandatory safety rules specific to the tree care industry. On September 18, OSHA began the rulemaking process by publishing an Advance Notice of Proposed Rulemaking (ANPR) to obtain initial comments from employers and other members of the public on safety practices and hazards in the industry (see below). Report Link OSHA Rescinds Controversial Tree Care Operations Directive and Issues New Enforcement Procedures.Jackson Lewis LLP - September 19, 2008 The Occupational Safety and Health Administration (OSHA) has rescinded its controversial June 25, 2008, compliance directive on tree trimming and tree removal operations. That directive instructed OSHA compliance officers as to when tree trimming and tree removal operations are “logging” and covered by OSHA’s comprehensive logging standard (29 CFR 1910.266), and, conversely, when the operations do not fall within the scope of the logging standard. Under the rescinded directive, employers were required to follow the logging standard whenever they removed a tree trunk in segments greater than six feet in length or whenever they removed trees by the use of mechanical equipment such as bulldozers. Report Link OSHA Targeting Lead Exposures with New National Emphasis Program.Jackson Lewis LLP - September 10, 2008 A new National Emphasis Program (NEP) issued by the Occupational Safety and Health Administration will direct OSHA’s inspection resources at employers with lead exposures in their workplaces. Employers in industries targeted in the NEP face the prospects of a comprehensive lead inspection by OSHA. Jackson Lewis encourages employers in the targeted industries to start preparing now for the NEP inspections. The NEP became effective on August 14, 2008. Report Link Proposed Rule on Risk Assessment May Give Employers Greater Say on New OSHA Standards.Jackson Lewis LLP - September 03, 2008 A rule proposed by the U.S. Department of Labor would change the way the Occupational Safety and Health Administration assesses the risks posed to employees from toxic chemicals and hazardous substances, such as lead, silica, asbestos, and beryllium, in issuing its occupational health standards. The measure is intended to give the public, including employers and their industry organizations, earlier and greater input into agency rulemaking and lend greater transparency to the process. OSHA’s proposal on “risk assessment,” published in the Federal Register on August 29, if made final, would affect employers whose employees work with hazardous substances and may afford them a greater chance to assure that OSHA’s requirements have a sound factual and scientific basis. OSHA is accepting comments on its proposal until September 29. Report Link OSHA Issues Compliance Directive for Tree Care Operations.Jackson Lewis LLP - August 18, 2008 On June 25, the Occupational Safety and Health Administration (OSHA) issued a Compliance Directive for tree trimming and tree removal operations (Citation Guidance Related to Tree Trimming and Tree Removal Operations (CPL 02-01-044)). The Directive provides instructions to OSHA compliance officers for citing employers who perform tree care work. Employers who do any tree trimming or tree removal will be impacted by the Directive and should examine their work practices now to ensure compliance. Report Link Occupational Hazards: When OSHA Knocks (pdf).Baker Hostetler LLP - April 11, 2008 Make sure you understand the purpose of a visit from OSHA. Report Link OSHA Form 300A Must Be Posted By February 1, 2008.Ogletree Deakins - February 08, 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. Report Link Legislative Update: Bill to Overhaul Nation's Workplace Safety Law Introduced in Congress.Jackson Lewis LLP - May 02, 2007 The Democratic-controlled Congress continues to beset employers with bills that would expand employee rights and remedies, but which also promise to vex employers with increased legal risk and cost. Report Link A Watchful Eye (pdf).Vedder Price - December 27, 2006 Contractors Need to Continue to Pay Close Attention to Current Developments in Criminal Liability Under the Occupational Safety and Health Act. Report Link OSHA in the Office Workplace.Buchanan Ingersoll & Rooney PC - October 10, 2006 You consider the Personnel Manager or V.P. of Human Resources in your organization to be an industry savvy, well-educated person regarding issues facing your business. Then, an employee raises a concern regarding a strange chemical smell in the office, or you receive a letter from the Occupational Safety and Health Administration (OSHA) requesting information. The first reaction from this skilled member of your team is “Don’t worry, OSHA is not concerned with the office workplace.” Is this correct? Or, is OSHA concerned about your office workplace and/or has any authority to inspect it? Report Link OSHA Releases Workplace First-Aid Program Best Practices Guide.Elarbee, Thompson, Sapp & Wilson, LLP. - September 15, 2006 The Occupational Safety and Health Administration (OSHA) recently issued a best practices guide, Fundamentals of a Workplace First-Aid Program. Workplace first-aid programs are integral components of any comprehensive safety and health management system designed to comply with the Occupational Safety and Health Act (OSH Act). The guide is designed to assist employers in developing effective workplace first-aid programs, which are mandatory under certain circumstances. Report Link Workplace Injuries And Illnesses Continue To Decline (pdf).Ogletree Deakins - December 16, 2005 On November 17, the U.S. Department
of Labor (DOL) released its annual
report on nonfatal workplace injuries
and illnesses – and the data continues
to reflect that the nation’s workplaces
are safer than ever before. Private sector
employers recorded 4.3 million injuries
and illnesses in 2004, resulting in a
rate of 4.8 cases for every 100 full-time
workers. In 2003, there were 4.4 million
occupational injuries and illnesses
recorded and a rate of 5.0 cases per 100
full-time employees. Report Link FAA Finalizes HazMat Training Requirements for Air Carriers.Littler Mendelson, P.C. - November 18, 2005 The Federal Aviation Administration (FAA) recently published a final rule announcing that certain air carriers and commercial operators must provide hazardous material training to employees who perform "transport-related functions," such as handling packages and loading aircraft. Report Link OSHA Seeks to Step Up Enforcement of Criminal Penalties and High-Gravity Citations.Littler Mendelson, P.C. - July 01, 2005 The Occupational Safety and Health Administration (OSHA) is making it clear that in 2005 and 2006 it will be devoting additional resources to criminal prosecutions of management, and that it intends to focus more of its enforcement efforts on employers with high-gravity citations. These objectives are part of an increased emphasis by OSHA to vigorously pursue those employers the agency deems to be “bad actors,” and to use the full range of its powers under the Occupational Safety and Health Act to pursue criminal violations. Report Link Florida Farmworker Reform Measure Provides Protection Against Exploitation and Pesticide Exposure.Jackson Lewis LLP - July 26, 2004 Under strengthened protections that became effective on July 1, 2004, farm workers have enhanced protection against physical abuse, economic exploitation and exposure to workplace pesticides. The measure also provides enhanced state oversight of farm labor contractors. Report Link New OSHA Enforcement Program Highlights Company-wide Inspections and Potential Criminal ProsecutionJackson Lewis LLP - January 16, 2004 In November, the Occupational Safety and Health Administration published a memorandum to regional administrators setting out guidelines for "interim implementation" of the new enforcement initiative, the "Enhanced Enforcement Program," announced last March by Labor Secretary Elaine Chao. Report Link OSHA's Revised Exit Routes Standard Effective December 9, 2002.Jackson Lewis LLP - November 26, 2002 On November 7th, 2002, OSHA published its final revised rule regulating emergency exits, emergency action plans, and fire prevention plans (Subpart E of section 1910).
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December 9, 2009 Shaw Valenza |
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