Articles Discussing Workplace OSHA Inspections.
Are OSHA’s Enforcement Policies Making It More Difficult to Settle Cases? Considerations for Employers
The Occupational Safety and Health Administration (OSHA) has implemented several new enforcement policies over the past eighteen months.
DOL Proposes Allowing Union Representatives, Others to Participate in OSHA Inspections: What It Means
The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking to amend its regulations to allow employee-authorized third-party representatives to accompany Occupational Safety and Health Administration (OSHA) officials during facility inspections. The proposed regulations would pave the way for union representatives and interest groups to join the inspection, provided the OSHA official determines participation of the third party is “reasonably necessary.”
OSHA to Require More Contractors to Report Injuries and Illnesses Online
The Occupational Safety and Health Administration (OSHA) has published a proposed rule to restore and expand Obama-era requirements for high-hazard employers with at least 100 employees to submit their injury and illness forms electronically to the agency.
During an OSHA Inspection: Know Your Rights
During an Occupational Safety and Health Administration (OSHA) inspection, the OSHA official, escorted by management, will tour the facility or construction site to observe working conditions, identify violations, and so on.
OSHA’s Heat Standard Likely to Affect Indoor Manufacturing Facilities
This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing facilities in mind, as the rule targets “indoor workers without climate-controlled environments.”
OSHA Targets Restaurant Industries for COVID-19 Inspections
Restaurants should be on higher alert for potential inspections from the Occupational Safety and Health Administration (OSHA) in light of the agency’s recent Updated Interim Enforcement Response Plan for COVID-19 and National Emphasis Program — Coronavirus Disease 2019 (COVID-19).
OSHA Issues Revised Enforcement Guidance for Recording Cases of COVID-19
On May 19, the Occupational Safety and Health Administration (OSHA) revised its policy for when employers have to record COVID-19 cases in their injury and illness logs.
Under the revised policy, employers who are otherwise required to keep OSHA logs must make a determination as to whether workers’ COVID-19 cases are
OSHA Issues Revised Enforcement Guidance for Inspections Related to COVID-19
On May 19, OSHA released updated enforcement guidance for inspections related to COVID-19 complaints, referrals and severe illness reports.
In response to the reopening of many parts of the country, OSHA plans to operate within the following framework:
In areas where community spread of COVID-19 has significantly decreased, OSHA
How to Prepare for an OSHA Inspection
As the complexity of OSHA inspections increase and penalties rise, employers need to ensure that they are fully prepared for such site visits. In this podcast, Littler’s Brad Hammock, co-chair of the firm’s Workplace Safety and Health practice group, discusses steps employers can take to prepare their worksites for when OSHA “comes knocking.” From initial compliance to developing a written protocol for managing the inspection process, this podcast describes the key components for navigating an OSHA inspection.
Employers May See Higher OSHA Fines Sooner than Expected
August 1, 2016, is the effective date for imposition of higher fines by the Occupational Safety and Health Administration, but violations alleged in inspections occurring as recently as this February may be subject to the increased fees, according to OSHA. That is because OSHA can take as long as six months after the start of an inspection to issue citations and propose penalties.
Current Inspections Could Result in Citations with Increased Penalties
Under the Bipartisan Budget Act of 2015 OSHA is required to increase civil penalties for the first time since 1990 and a one-time catch-up adjustment will occur in August 2016. Penalties are expected to be increased by roughly 80 percent, meaning a serious citation of $7,000 may now be $12,500 and a $70,000 willful violation may now be $125,000. The precise penalty amount will be known when OSHA publishes this information in the Federal Register on or before July 1, 2016.
OSHA Targets Agribusiness Industry with New Citations
In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them.
Complex OSHA Inspections to Get More Attention under New ‘Enforcement Weighting System’
The number of process safety management compliance inspections at oil refineries and chemical plants, as well as inspections involving workplace violence and ergonomics, are likely to increase under a new inspection strategy launched October 1 by the Occupational Safety and Health Administration.
Inspections are Not All Equal: OSHA Develops Tiered Inspection System
OSHA announced this week a shift in how it will evaluate inspections, recognizing that inspections are not all equal and that more-complex inspections deserve more weight. The complexity of an inspection affects the amount of time, manpower and other resources required by OSHA and this new tiered inspection system will reflect this complexity. Under the new system, “Enforcement Units” will be assigned to an inspection; the simplest inspection will be one unit and the most complex inspection could be as many as nine units. Dr. Michaels believes that this will allow OSHA to focus on “more impactful inspections” rather than the number of inspection completed each year.