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Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint

It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it easier for employees to file whistleblower complaints against their employers.

Part II - Lessons Learned from Union Corporate Campaign Against Tesla Using Worker Safety.

Part II - Corporate campaigns - first the press and then the OSHA complaints....

Workplace Safety and Health Law Blog “Flagged” You’re It? Will OSHA Inspect Your Workplace if You Electronically Report Injury and Illness Data After July 1?

The Occupational Safety and Health Administration (“OSHA”) just warned employers that it will take note of worksites that electronically report their 2017 OSHA 300A information after the July 1, 2018 deadline. The agency offered this caveat for unwary employers:

OSHA Injury and Illness Records: Next Round of Electronic Submissions Due July 1

In 2016, the Occupational Safety and Health Administration (OSHA) amended its recordkeeping rule to require that certain establishments electronically submit their illness and injury records annually, beginning in 2017. For the first year, covered establishments were only required to submit their OSHA Form 300A. The next round of submissions is due on July 1, 2018 and, in addition to the OSHA 300As, would have included the submission of OSHA 300 Logs and OSHA 301 Incident Reports for certain covered establishments.

OSHA Recordkeeping: OSHA Only Requiring Electronic Submission of 300A Forms

In its latest Regulatory Agenda, the Occupational Safety and Health Administration (OSHA) indicated that it was undergoing rulemaking to revise the “Improve Tracking of Workplace Injuries and Illnesses” regulation promulgated under the Obama Administration. OSHA noted it was considering deleting the requirement for employers with 250 or more employees at an establishment to electronically submit its 300 Log, 301 Forms, along with the 300A Form.

Don’t Be Late! Recent Decisions Remind Employers that OSHA Citations May Become Final if Not Timely Contested

Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late.

The First Six Months: How OSHA Is Currently Enforcing the Silica Standard in Construction

For construction employers facing uncertainty on exactly how the Occupational Safety and Health Administration (OSHA) is enforcing the new silica standard in Construction, we now have a little bit of data that helps shed some light on this mystery. OSHA began enforcing the silica rule in construction on October 23, 2017. As of April 23, 2017, OSHA and State Plans that have adopted the silica rule (a few have not yet done so) have issued 117 violations. OSHA appears to rarely cite violations of the silica standard by themselves; citations are usually accompanied by violations of other standards, such as the fall protection standards. Here are some interesting statistics on OSHA’s first six months of enforcement of the silica standard in construction.

OSHA’s Revised “Improve Tracking of Workplace Injuries and Illnesses Regulation” at OMB for Review

OSHA is a step closer to publishing a proposed rule revising the Obama-era regulation, Improve Tracking of Workplace Injuries and Illnesses. OSHA’s proposal has been submitted to the Office of Management and Budget (OMB) for review under Executive Order 12866. This is the final internal review before the proposal gets published in the Federal Register and signals that OSHA’s Notice of Proposed Rulemaking may be out by late summer.

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.