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Are We Ever Going to Get OSHA Guidance from the Trump Administration?

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica standard, or a host of other issues. Republicans cannot solely blame the Democrats and the “Resistance” movement for the delay in thousands of appointments. The administration seems to be distracted by legal claims and to have little interest in appointing crucial agency leaders.

Removal of Fair Pay and Safe Workplaces Rule Imminent: GSA Issues Interim Memorandum

Rulemaking is underway to amend the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces Final Rule, the General Services Administration has said in guidance to federal agencies instructing them not to wait for the formal rescission to ensure certain contract clauses are not in new or existing government contracts and solicitations.

Mine Safety Agency Launches ‘Training Assistance Initiative’ for Miners with Less Experience

Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA has announced.

Safety Agencies’ FY 2018 Budgets Survive Despite Significant Labor Department Budget Cuts

In its fiscal year 2018 budget, the Trump Administration recommended $543.3 million for the Occupational Safety and Health Administration, a decrease of about two percent from the fiscal year 2017 $552.8 million funding level.

Employers Do Not Have to Report Injury for Employee Who Does a ‘Daily Stretching Program,’ OSHA Says

Employers do not have to report a worker as having an injury if they instruct the worker to do regular stretching exercises for a “minor discomfort,” the Occupational Safety and Health Administration has concluded in an interpretation letter released on May 24, 2017.

OSHA's Multiemployer Citation Policy: A Changing Landscape

Effective June 1, 2017, the Occupational Safety and Health Review Commission (the federal agency that reviews Occupational Safety and Health Administration safety violation cases) adopted the decision by one of its administrative law judges in a significant case for the construction industry.

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety violation citation against a construction employer working in Texas. The June 1, 2017 decision is no doubt significant for the construction industry, as the Review Commission held that the Occupational Safety and Health Administration (OSHA) could not cite a general construction contractor for an alleged safety violation under the Occupational Safety and Health Act of 1970 (OSH Act) when the general contractor’s own employees were not exposed (Secretary of Labor v. Hensel Phelps Construction Co.)

OSHA kicks off Safe + Sound Week, offering guidance on workplace safety

Federal OSHA as well as the South Carolina and North Carolina labor departments have designated June 12-18, 2017, as the inaugural Safe + Sound Week. The purpose of this nationwide initiative is to raise awareness and understanding of the value of workplace safety and health programs by encouraging employers to plan activities that include the core elements of a successful safety program.

OSHA Delays Crane Operator Certification Deadline

The compliance date for an Occupational Safety and Health Administration rule requiring construction crane operators be certified by a third-party evaluator and designated as “qualified” will be delayed, the agency announced on May 22, 2017.

eLABORate: OSHA Proposes Delay of July 1, 2017 Deadline for Employer Compliance with Electronic Reporting of Worker Illness and Injury Records

As previously discussed in a 2016 eLABORate, the Occupational Safety and Health Administration (“OSHA”) finalized a rule requiring certain employers to submit annual illness and injury summaries electronically.