In late 2014, many employers learned about the new OSHA injury and illness reporting requirements that were to go into effect as of Jan. 1, 2015. Under the new requirements, employers were required to report all work-related fatalities within 8 hours, and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding out about the incident. (Under the old rule, employers had the same reporting requirement for fatalities, but were only required to report in-patient hospitalizations of three or more employees.) With the reporting requirements broadened to include all in-patient hospitalizations, it was naturally expected that more work-related injuries would be reported during 2015, the first year of the new rule.
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
OSHA Raises Fine for Reporting Violations
Shortly before OSHA’s new injury and illness reporting requirements came into effect last January, OSHA issued “Interim Enforcement Procedures for New Reporting Requirements under 29 C.F.R. 1904.39.” These interim procedures served as enforcement guidance for Area Offices and compliance officers when issuing citations to employers for failing to report injuries under the new requirements. Last week the Agency issued revised enforcement procedures, “Revised Interim Enforcement Procedures for Reporting Requirements under 29 C.F.R. 1904.39” due to the “influx of workplace incident reports to OSHA and the field’s experiences with the new reporting requirements.”
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.
OSHA Relaxes Pleading Standards in Whistleblower Cases, More Complaints Expected
Employers face the possibility of an increase in whistleblower complaints under new guidance from the Occupational Safety and Health Administration that relaxes the standard for investigators tasked with determining if a violation of a whistleblower statute exists. OSHA provides whistleblower protection under 22 federal statutes.
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.
Injury and Illness Recordkeeping and Reporting Requirements – Posting 300A
Reminder: IF your company is subject to OSHA’s Injury and Illness Recordkeeping and Reporting Requirements, you must post “in a common area where notices to employees are usually posted” OSHA’s Form 300A (summary of job-related illnesses and injuries) for the previous year.
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.
Employers Must Post Summaries of Work-Related Injuries and Illnesses
Employers are required to post a copy of OSHA’s Form 300A between February 1, 2016 and April 30, 2016. This form summarizes the job-related injuries and illnesses employees experienced during 2015. The summary must be posted in a common area where notices to employees are usually posted each year. Information contained on the summary includes the total number of deaths, injuries, poisonings, respiratory conditions, skin disorders, instances of hearing loss, and other illnesses experienced by the employees.
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.
OSHA publishes New Whistleblower Investigations Manual
On January 28, 2016, OSHA released an updated Whistleblower Investigations Manual (OSHA Instruction CPL 02-03-005) to replace the manual dated April 21, 2015. The new manual makes three significant changes: