At a House subcommittee hearing on October 7, the head of the Occupational Safety and Health Administration, Dr. David Michaels, faced a grilling from Republican lawmakers over recently issued guidance memoranda for agency inspectors and examples of allegedly over-the-top enforcement actions.
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
Safety incentive programs: Ready or not, here comes OSHA!
For the last several years, OSHA has expressed concerns regarding a host of employer practices it believes may result in underreporting of injuries and illnesses as depicted by several recent high-profile cases of alleged employer underreporting. Heightening OSHA’s interest is the position taken by some stakeholders that the annual injury and illness statistics published by the Bureau of Labor Statistics (BLS) underreports the true number of workplace injuries and illnesses due, in part, to employer incentive programs that discourage employees from reporting injuries and illnesses.
Surface Transportation Board Backs Railroad’s Denial of Service during Labor Dispute
The Surface Transportation Board (STB) has denied a petition by a Texas metal producer that, if approved, would have forced the Union Pacific Railroad Co. (UP) to restore rail service at the producer’s plant in the midst of an employee lockout. The STB is an economic and adjudicatory body affiliated with the U.S. Department of Transportation and set up by Congress, in part, to resolve railroad rate and service disputes.
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.
OSHA Releases Updated Training Handbook For Employers
Since its inception, OSHA’s mission has been to protect workers and prevent work-related injuries, illnesses, and deaths. OSHA’s standards not only regulate workplace conditions, but also dictate the necessary training requirements employers must provide their employees. These training requirements further OSHA’s philosophy that in order for employees to stay safe, they must have the necessary skills and knowledge to perform their work. Employers are therefore charged with providing essential training as part of their safety programs.
Flooding, Storm Cleanup, and OSHA
As the Midlands recovers from the effects of widespread flooding, and as rain-swollen rivers reach the coastal portions of the South Carolina, Federal OSHA and SC OSHA have issued warnings about potential hazards encountered in connection with flooding and storm cleanup.
Lawmakers Pledge Action to Curb Agency Guidance Documents
Under an exception to the rulemaking process, federal agencies may use legally nonbinding guidance documents to interpret regulations.
NIOSH Seeks Comment on Research Plan for Oil and Gas Industry
Triggered by an annual fatality rate among oil and gas exploration and production workers that for years was seven times the average for all U.S. workers, the National Institute for Occupational Safety and Health (NIOSH) has put together a draft strategic 10-year research plan to address the issue and is seeking comment from stakeholders on its contents.
OSHA Moves Closer to Finalizing “Improve Tracking of Workplace Injuries and Illnesses” (Electronic Recordkeeping) Rule
On October 5, 2015, OSHA submitted to the Office of Information and Regulatory Affairs (OIRA), a draft final rule for OSHA’s “Improve Tracking of Workplace Injuries and Illnesses.” OIRA is the division within the President’s Office of Management and Budget (OMB) that reviews draft and final standards and regulations. Under Executive Order, all significant regulatory actions require OIRA review before agency actions can be implemented. Generally, OIRA has up to 90 days to review a rule.
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.
OSHA Inspecting 40 Percent of Reported Injuries
OSHA’s new reporting requirements began on January 1, 2015. Under these requirements, employers in federal OSHA jurisdiction are required to report to OSHA any work-related fatality or any work-related injury resulting in an employee being formally admitted to the hospital or any work-related amputation or loss of an eye. Since the implementation of these new requirements, OSHA estimates that it is receiving 200 to 250 reported incidents each week.
OSHA Promises Silica Rule Soon, but Its Future Remains Uncertain
The Occupational Safety and Health Administration has pledged to release a comprehensive final rule on crystalline silica by the end of the current Administration, in January 2017.
Rescue and Recovery Work Necessary for Valid MSHA ‘j’ Order, Commission Rules
Mine regulators have no statutory authority to issue emergency “j” orders for immediately safeguarding people following a mine accident unless rescue and recovery is involved, the Federal Mine Safety and Health Review Commission has ruled. Section 103(j) of the Mine Act gives the Mine Safety and Health Administration authority to take appropriate action to assure personnel safety after an accident “where rescue and recovery work is necessary.”
Sales May Sizzle, But Keep Employees Cool
When the outdoor temperature tops 80 degrees Fahrenheit, the cool, air-conditioned comfort of a retail store may be a refuge for salespeople, but it is easy to forget that many other retail employees (including truck drivers, loaders, mechanics, janitors, maintenance personnel, cart attendants, and warehouse crews) may be feeling the heat in their workplaces.
MSHA Proposes Proximity Detection Rule for Mobile Equipment in Underground Coal Mines
Coal haulage machines and scoops operating in working sections of underground coal mines will be required to be outfitted with proximity detection devices on a phased-in schedule if a proposed rule issued by the Mine Safety and Health Administration is finalized.