Archives: OSHA Enforcement

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OSHA Finally Issues Walking-Working Surfaces Rule

On November 17, 2016, OSHA issued a final rule revising and updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The final rule includes revised and new provisions addressing fixed ladders, rope descent systems, and fall protection systems. The rule also establishes requirements on the design, performance and use of … Continue Reading

OSHA’s 2016 Top Ten Violations

OSHA recently released its preliminary annual list of the top ten safety and health violations cited for fiscal year 2016. While not anticipated to change much, a more final list will be completed closer to the end of 2016.  In descending order, these are: Fall protection (Construction) – 1926.501 – violations are generally for failing … Continue Reading

OSHA Quietly Issues Guidance on Incentive Programs, Disciplinary Programs and Drug-Testing Programs

On October 19, 2016, OSHA published a memorandum interpreting the new anti-retaliation provisions in Section 1904.35 as part of the new final rule – “Improve Tracking of Workplace of Injuries and Illnesses.” In conjunction with the memorandum, OSHA also provided example scenarios of incentive, disciplinary and drug-testing programs and how the new rule may be … Continue Reading

OSHA Agrees to Further Extension for Anti-retaliation Provisions

In response to a request from a federal judge, OSHA has agreed to extend the effective date of the anti-retaliation provisions in it’s new final rule, Improve Tracking of Workplace Injuries and Illnesses until December 1, 2016. The provisions were originally set to become effective in August and that date was further extended to November 1, 2016 to … Continue Reading

OSHA and DOT Issue Joint Memorandum on Hazardous Chemicals

In July 2015, OSHA issued a Directive on the revised Hazard Communication Standard (“HCS”), Inspection Procedures for the Hazard Communication Standard (HCS 2012), CPL 02-02-079. In that Directive OSHA provided guidance on the interplay between labeling under the HCS and other federal agencies, specifically the Department of Transportation (“DOT”). According to the Directive OSHA considers … Continue Reading

OSHA Issues Report on the Impact of the Severe Injury Reporting Program

Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, issued a new report, discussing the results of the first year of the severe injury reporting requirements. The report concludes that the severe injury reporting program has been a big success in improving safety and health in workplaces across the United … Continue Reading

Electronic Recordkeeping Rule – OSHA Delays Effective Date for Anti-Retaliation Provision

Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of Section 1904.35, which requires employers to inform employees of the right to report injuries and illnesses free from retaliation and … Continue Reading

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. To read the full article, written by Tressi Cordaro, click here.… Continue Reading

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: The sections on Investigative Records and Statistics have been deleted. Investigative Records is covered in the new Chapter 23, “Information Disclosure.” Chapter 3, “Conduct of … Continue Reading

OSHA Launches the Serious Event Reporting Online Form

On January 1, 2015, the new injury and illness reporting requirements went into effect requiring employers to report to OSHA fatalities as a result of a work-related incident within 8 hours, and in-patient hospitalizations, amputations, or loss of an eye as a result of a work-related incident within 24 hours. The new reporting requirement allowed … Continue Reading

Feds Launch Initiative to Toughen Penalties for Worker Safety Violations

In a new enforcement effort involving the Occupational Safety and Health Administration and the Mine Safety and Health Administration, the federal government is launching an initiative aimed at putting more bite into penalties for alleged worker safety violations. To read the full article, written by Avi Meyerstein, click here.… Continue Reading

OSHA’s Withdrawal of Slips, Trips and Falls Rule May Harm Defenses to Citations

OSHA first proposed a rule on Slips, Trips and Falls in 1990.  Since that time, many employers have taken advantage of this proposed rule in making certain arguments related to Citations issued under Subpart D, the Walking-Working Surfaces regulations.  If you never used this argument, you may be wondering how a proposed rule could help … Continue Reading

OSHA Launches Preventing Workplace Violence in Healthcare Webpage

OSHA launched a new Preventing Workplace Violence in Healthcare webpage this week.  It contains several new tools and resources to help healthcare facilities combat workplace violence, including: An executive summary for hospital administrators and others who want to learn more about the prevalence of workplace violence in healthcare, associated costs, key risk factors, and what … Continue Reading

Who is Responsible for Recording Injuries and Illnesses of Temporary Workers?

OSHA is being criticized for a recent interpretation letter clarifying who is responsible for recording illnesses and injuries in what the agency considers a “joint employer relationship” where supervision is shared between a host employer and a staffing agency. In deciding whether the host employer or the staffing agency is responsible for recording injuries and … Continue Reading

Fainting At Sight of Blood From Work-Related Injury Recordable

In a recent interpretation letter, OSHA responded to an employer’s request for “clarification on whether an employee’s laceration and subsequent fainting at the sight of blood constitutes a recordable case on the OSHA Form 300.” The employee had scratched his finger on a vinyl saw clamp at work. The injury was minor and the only … Continue Reading

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 … Continue Reading

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 … Continue Reading

Laundering Responsibilities for FR Clothing

In an interpretation letter dated June 1, 2015, OSHA answered the question “Under OSHA regulations 29 CFR 1926.95(a) who is responsible for the laundering of fire retarding clothing that is provided to employees?” The section states that protective equipment “shall be provided, used, and maintained in a sanitary and reliable condition” but does not elaborate … Continue Reading
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