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OSHA Interviews: Understanding and Exercising Your Rights

Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner.” While employers have some level of protection since the mandate specifically states the word “reasonable,” more specific rights exist—and should be exercised—at all stages of an OSHA inspection, including before, during, and after the interview process.

OSHA Launches Campaign on Young Worker Safety

Promoting the message, “Young workers! You have rights!” the Occupational Safety and Health Administration has launched a campaign on workplace safety among youth workers.

Mine Safety Agency Issues Alert to Prevent Fall Accidents

The Mine Safety and Health Administration has issued a safety alert on preventing accidents at mines from miners falling.

The MSHA Quarterly Stakeholder Conference: Workplace Examination Rule and Working Alone Initiative

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder teleconference on April 25, 2017. The call served three purposes: (1) It provided an update to the timeline of the agency’s final Examinations of Working Places in Metal and Nonmetal Mines rule, amending 30 C.F.R. Sections 56.18002 (surface) and 57.18002 (underground). (2) It discussed several recent fatalities and injuries suffered by miners working alone and suggested best practices for avoidance of known hazards in this context. (3) It reviewed first quarter serious injuries and fatalities in both the coal and metal/nonmetal sectors.

Practitioner Insights: Trump Ready to Sign Resolution Voiding OSHA’s Recordkeeping Rule

President Donald Trump is expected to soon sign a Congressional resolution revoking one of several Occupational Safety and Health Administration rules vulnerable to the Congressional Review Act. In response to Dr. David Michaels' argument against Trump signing the resolution in an article previously published by Bloomberg BNA, Partner Edwin G. Foulke has written the following, suggesting that OSHA move away from an enforcement-driven model to a compliance assistance model to help improve safety in the workplace.

OSHA Issues First Enforcement Action Press Release Since Start of Trump Administration

Until day 82 of the Trump Administration, renewed partnerships and “guidance” for employers to improve workplace safety have been the subjects of the Occupational Safety and Health Administration’s announcements. On April 12, 2017, OSHA announced that it has cited Atlantic Drain of Boston for willful, repeat, serious, and other-than-serious violations of workplace safety standards and is proposing $1,475,813 in penalties for those violations.

Mine Safety Agency Issues Blasting Equipment Alert

The Mine Safety and Health Administration has issued a safety alert advising employers to take precautions when storing, handling, transporting, and using explosives and detonators in underground coal mines near energized equipment or electrical systems. These include communications and tracking system infrastructure, electronic components worn or carried by miners, and the like.

OSHA Launches Campaign to Prevent Falls in Construction Industry

Fatalities from falls continue to be a leading cause of death in the construction industry, and the Occupational Safety and Health Administration is focusing on the dangers with its “Stand-Down” campaign on fall prevention. The annual campaign, scheduled for May 8 to May 12 this year, is to put the focus on reducing fall-related fatalities in the workplace.

Mine Safety Agency Releases Accident Alert for Surface Trucks in Metal, Nonmetal Mining Industry

The Mine Health and Safety Administration has released a serious accident alert in the wake of an accident involving a haul truck driver in the metal and nonmetal mine industry.

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22, that disapproves of the Occupational Safety and Health Administration’s (OSHA) attempt, by mere amendment of its regulations, to effectively extend the statute of limitations for recordkeeping violations from six months to five and a half years.