Archives: OSHA Enforcement

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OSHA Extends Enforcement Date for Confined Spaces in Construction Standard

On May 4, 2015, OSHA published the Confined Spaces in Construction standard, 29 C.F.R 1926, Subpart AA.  The new standard is effective August 3, 2015.  Several interested stakeholders petitioned the agency for a delay in the August enforcement date citing the  need for additional time to train employees and obtain the necessary equipment to comply with … Continue Reading

Eight Tips for Addressing OSHA’s New Enforcement Guidance on RAGAGEP under the Process Safety Management Standard

OSHA issues new guidance to Regional Administrators and State Plan Designees on the enforcement of the Process Safety Management (PSM) standard’s recognized and generally accepted good engineering practices (RAGAGEP) requirements. The new guidance clarifies OSHA’s positions with respect to enforcing the PSM standards that reference or imply the use of RAGAGEP. The memorandum provides the … Continue Reading

Expiration of the Nursing Home NEP, Effective April 5, 2015

A memorandum dated April 2, 2015 from Thomas Galassi, Directorate of Enforcement Programs, reminded Regional Administrators that the National Emphasis Program (NEP) on Nursing and Residential Care Facilities, was expiring, effective April 5, 2015.   (The NEP had focused on specific hazards such as ergonomics, bloodborne pathogens, tuberculosis, workplace violence, and slips, trips, and falls in covered … Continue Reading

OSHA Issues New Guidelines on Workplace Violence Prevention for Healthcare

OSHA released an update to its Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers. The publication includes industry best practices and provides some insight on how to reduce the risk of violence in various healthcare and social service settings.  To protect against violence, OSHA recommends that healthcare providers develop an effective workplace … Continue Reading

OSHA Revises Recent SHARP’s Memorandum

On March 20, 2015, OSHA rescinded portions of its recent memorandum, “Safety and Health Achievement Recognition Program: Updated Size”, after only four-months in response to employers’, state officials’, and Congressional members’ outcries.  As described by Tressi Cordaro in her February 3, 2015 OSHA Law Blog post, the November 24, 2014 memorandum redefined the size requirement for participation in the Safety and Health … Continue Reading

OSHA Issues Enforcement Guidance for Hazard Communication Standard

OSHA recently issued an internal memorandum outlining enforcement guidance for some of the 2012 Hazard Communication Standard’s (HCS) requirements effective on June 1, 2015—namely, the requirement that chemical manufacturers, importers and distributors must develop and use safety data sheets (SDSs) and labels for their chemical mixtures that align with the UN Globally Harmonized System of … Continue Reading

OSHA and NIOSH issue Hazard Alert on Worker Exposure to Crystalline Silica

OSHA first announced its proposed rule on Occupational Exposure to Crystalline Silica in August 2013 and concluded public hearings on the proposed rule in April 2014.  In spite of this ongoing intense rulemaking on occupational exposure to crystalline silica, OSHA and NIOSH published a Hazard Alert on Worker Exposure to Crystalline Silica during Countertop Manufacturing, … Continue Reading

Changes to OSHA law are coming to California

California Governor Jerry Brown signed A.B. 1634  into law on September 20, 2014, a new bill that significantly changes an employer’s obligations to abate alleged workplace safety and health hazards in California and reduces the ability of the California Division of Occupational Safety and Health (DOSH) to make modifications to civil penalties.  When the new law … Continue Reading

OSHA’s Top Ten Citations

OSHA recently announced the preliminary Top 10 most frequently cited violations for fiscal year 2014. The Top 10 list remains virtually unchanged from years prior.  For FY 2015, employers should  spend some extra time reviewing their workplace safety programs under the Top 10 most frequently cited standards to ensure their compliance with the OSHA requirements.  A focus … Continue Reading

OSHA Concludes that Acclimatization May Be the Most Important Element of a Heat-Illness Prevention Program

On August 8, 2013, the Occupational Safety and Health Administration (OSHA) published a report in the Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report (Vol. 63. No. 31) related to the causes of heat illness and death among workers in the United States.  The report is the result of a OSHA’s Heat … Continue Reading

NLRB Issues Memo on Notifying Parties of Right to File OSHA Complaint

The National Labor Relations Board issued  Memoradum OM 14-77 on August 8, 2014, informing all regional directors and resident officers that they should notify parties of their right to file a complaint with OSHA if they believe that an employer may have violated a health or safety standard or an anti-retaliation provision of the Occupational Safety and … Continue Reading

OSHA Enters Into MOU with the FMCSA

The Occupational Safety and Health Administration (“OSHA”) recently entered into a Memorandum of Understanding (“MOU”) with the Federal Motor Carrier Safety Administration (“FMCSA”).  The MOU is intended to facilitate coordination and cooperation between the two agencies when enforcing the anti-retaliation provision of the Surface Transportation Assistance Act (“STAA”), 49 U.S.C. § 31105, and the anti-coercion … Continue Reading

Part 3: Will Your LOTO Program Stand Up to An OSHA Inspection?

In the last installment of this LOTO series, we address the periodic inspections and training requirements.    Are We Performing Periodic Inspections? Employers are required to conduct periodic inspections of their energy control procedures at least annually to ensure that they are being effectively implemented and to correct any deviations or inadequacies. 29 C.F.R. § … Continue Reading

Part 1: Will Your LOTO Program Stand Up to an OSHA Inspection?

It seems that just about every week the Occupational Safety and Health Administration (“OSHA”) issues citations to another employer for its alleged failure to implement the requirements under the Control of Hazardous Energy standard, 29 C.F.R. § 1910.147 (better known as the Lockout/Tagout (“LOTO”) standard).  In fact, the LOTO standard has consistently been one of … Continue Reading

OSHA Proposes to Extend Operator Certification Deadline – November 2017

In the final cranes and derricks in construction standard, 1926 – Subpart CC, which was issued August 9, 2010, crane operators were required to either be certified or qualified (depending on the option elected by an employer) by November 10, 2014. 29 C.F.R. § 1926.1427(k).  On February 10, 2014, OSHA proposed a three-year extension to … Continue Reading

Employers Must Post OSHA 300A Work-Related Injuries and Illnesses Summary by Feb. 1, 2014

Employers covered by the Occupational Safety and Health Administration’s recordkeeping rule must prepare and post OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” by February 1, 2014, and keep the form posted until April 30, 2014.  The form must be posted at each establishment covered, in a conspicuous place where notices to employees are … Continue Reading

OSHA Launches Temporary Worker Initiative

OSHA recently launched an initiative that focuses on protecting temporary employees from recognized workplace hazards.  Under this initiative, OSHA is directing all OSHA compliance officers to assess whether employers who use temporary workers are complying with their responsibilities under the Occupational Safety and Health Act of 1970.  For purposes of this initiative, temporary workers are … Continue Reading

OSHA Clarifies that Workers May Authorize a Union or Community Organization to Act as Their Representative

The Occupational Safety and Health Administration (“OSHA”) released a new interpretation letter on April 5, 2013, clarifying that non-union employees may select a non-employee who is “affiliated with a union” or with a “community organization” to act as their walk-around representative during OSHA inspections of their employer’s worksite.  In reaching this conclusion, OSHA concluded that … Continue Reading

OSHA’s Region III Targeting Noise in the Workplace

OSHA’s Region III is targeting noise exposure in the workplace, as part of a Regional Emphasis Program.  Federal OSHA states located in Region III include Delaware, the District of Columbia, and Pennsylvania.  According to OSHA, noise “induced hearing loss is one of the most common occupational diseases and the second most self-reported occupational illness or … Continue Reading

OSHA Issues Regulatory Agenda

OSHA recently issued its long-awaited regulatory agenda.  The agenda is designed to provide stakeholders with notice of what major regulatory initiatives the agency is planning and the projected timetables for those initiatives. OSHA’s agenda is the first issued in several months by the agency and provides a glimpse into the regulatory priorities – in President … Continue Reading

Former Chairman of NSPB, Employment Attorney Appointed Head of OSHA’s Whistleblower Protection Program

Assistant Secretary of Labor for the Occupational Safety and Health Administration Dr. David Michaels has appointed Beth Slavet as the new director of the agency’s Whistleblower Protection Program. Ms. Slavet is an employment attorney who has specialized in representing unions, Foreign Service employees and other government workers, with a focus on whistleblower protection. Her appointment … Continue Reading
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