The Occupational Safety and Health Administration (OSHA) has released its final rule on occupational exposure to respirable crystalline silica.
Articles Discussing General Topics Under OSHA.
OSHA Continues to Turn Up the Volume on Whistleblowing
Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower protections under Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 (CFPA). The day before, OSHA published its interim final rule and request for comments on its proposed procedures for handling whistleblower retaliation complaints under Section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), applicable to automotive industry manufacturers, suppliers and dealers. Both sets of rules establish procedures and timeframes for OSHA’s handling of whistleblower retaliation complaints under each statute, as well as identify the available legal and equitable remedies for whistleblowers who prevail.
Stepped-Up DOJ Enforcement Signals Intent to Increase Criminal Prosecution of Workplace Safety Violations
Companies who have in the past considered OSHA penalties as a mere cost of doing business and not a significant deterrent should rethink their position and revamp their compliance programs based on recent steps taken by the Department of Justice (DOJ) which heighten the risk of non-compliance.
OSHA Issues Alert on Scissor Lifts
The Occupational Safety and Health Administration has published a hazard alert explaining employer obligations and outlining preventive steps for avoiding hazards when workers use scissor lifts.
Looking Beyond OSHA for Fall Safety Resources
As OSHA gears up for its yearly National Safety Stand Down to prevent falls in the construction industry, one can expect there to be an increase in available fall related information and resources. With each year’s initiative, OSHA provides substantial guidance for both employers and employees regarding safe practices and fall prevention. While one of the best places to find information on fall safety and OSHA compliance is through OSHA itself, there are many other resources that are just as accessible and may be of some utility.
Defective Loader Moves Too Slowly to Cause Injury, Judge Says, Finding Mine Violation Not Serious
Although a defective piece of mobile equipment, which was restored to service, improperly moved despite the inactivation of the equipment, it did so too slowly to make an injury reasonably likely, an administrative law judge (ALJ) has ruled.
OSHA, FCC Closing in on Best Safety Practices for Communications Tower Workers
Training and education were highlighted as key concerns of participants at a February 11 workshop called by the Occupational Safety and Health Administration and the Federal Communications Commission to discuss proposed guidance for best safety practices for mobile phone and broadcast tower workers and to provide an update on certification and apprentice programs for those employees.
Mine Safety Citation for Poor Illumination Not Justified, Judge Rules
A judge has thrown out a citation against a Tennessee rock producer for inadequate illumination because the mine safety inspector wrote the alleged offense during a daylight inspection and never established what miners were able to see in the dark. Sec’y of Labor, MSHA v. Buzzi Unicem USA, FMSHRC No. SE 2015-206-M (Jan. 8, 2016).
OSHA Enforcement Program Targets Midwest Manufacturing Industries
Manufacturing industries with elevated injury and illness rates in Kansas, Missouri, and Nebraska face an increased probability of getting a comprehensive safety and health inspection as a result of an initiative launched by the Occupational Safety and Health Administration on January 25.
Powered Truck Group Renews Alliance with OSHA
The Industrial Truck Association (ITA) has renewed an alliance with the Occupational Safety and Health Administration that is designed to reduce workplace incidents, such as tip-overs and struck by hazards, associated with powered industrial trucks.
Safety Milestones Set in Mining Sector in 2015
The Metal/Non-Metal (M/NM) sector of the U.S. mining industry achieved two first-ever milestones last year, not only by working without a fatality for 133 consecutive days — about 4.5 months — but also by doing so during October, a month which had never before been fatality-free in the M/NM sector.
Labor Board Subpoenas Allowed before OSHA Consultation
A divided National Labor Relations Board (NLRB) has ruled that a memorandum of understanding (MOU) between NLRB and the Occupational Safety and Health Administration over OSHA-related issues does not require NLRB’s General Counsel to consult with OSHA before issuing investigative subpoenas.
11th Circuit Upholds Mining Agency’s Coal Dust Rule, Phase-In Continues
The Mine Safety and Health Administration may continue phasing-in its new coal dust rules, a three-judge panel of the Eleventh Circuit Court of Appeals has decided, relying on what it called a “holistic interpretation” of the Mine Act to uphold MSHA’s new rules. National Mining Association, et al. v. Sec’y of Labor, et al., No. 14-11942 (Jan. 25, 2016). The rule expands sampling requirements, changes sampling methods and tools, lowers permissible exposure limits, and requires immediate corrective actions by mine operators.
Judge Vacates Citations for Alleged Slack in Steering Mechanisms of Mine Vehicles
Finding evidence presented by a mine inspector to be “too vague and conclusory,” an Administrative Law Judge (ALJ) has vacated two citations against a Tennessee stone producer over allegedly excessive slack in the steering mechanisms on two haul trucks.
OSHA May Have Given Up on Combustible Dust Rule before End of Obama Administration
The Occupational Safety and Health Administration may have thrown in the towel on issuing a general industry regulation for combustible dust before the end of the Obama Administration in January 2017.