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Category Archives: OSHA Enforcement

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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

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

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

OSHA Seeks to Establish New Whistleblower Committee

OSHA has announced a plan to establish a Whistleblower Protection Advisory Committee to advise and make recommendations to OSHA Assistant Secretary Michaels on ways to improve OSHA’s administration of its whistleblower protection enforcement program.  Click here for a link to a full article on the new Committee.

D.C. Circuit Vacates Recordkeeping Citations as Outside Statute of Limitations

Vacating citations issued by OSHA for violations of the Occupational Safety and Health Act’s recordkeeping requirements, the U.S. Court of Appeals for the District of Columbia Circuit has held that the citations were untimely and barred by the Act’s six-month statute of limitations.  Click here for a full discussion of the decision. 

OSHA to Target Nursing Homes and Residential Care Facilities with Programmed Inspections

OSHA has announced a National Emphasis Program (NEP) to encourage compliance with safety and health standards at nursing and residential care facilities through programmed inspections.  The NEP, which directs OSHA compliance officers to focus inspections on ergonomic stressors associated with lifting patients; slips, trips, and falls; bloodborne pathogens; exposure to tuberculosis; and workplace violence, took… Continue Reading

Special Report: An Overview of Legal Considerations When Bringing Health Care “In-House”

Many businesses across the country have implemented on-site occupational health clinics to address occupational injuries and illnesses, as well as address common employee health needs.  While on-site occupational health clinics can provide many benefits for employers and their employees, they also can present significant compliance challenges for companies in the areas of employee benefits, privacy, leave management, and, of course,… Continue Reading

OSHA Addresses Sweep Auger Policy in Grain Handling Industry

In a February 16, 2012 letter to Congresswoman Kristi Noem, OSHA Assistant Secretary David Michaels has provided additional guidance to employers in the grain handling industry regarding the use of sweep augers to remove grain from bins.  Sweep augers are common tools used in grain bins to push grain remaining at the bottom of a bin into a… Continue Reading

OSHA’s Whistleblower Program to Report Directly to Assistant Secretary

On March 1, 2012, OSHA announced a change to its organizational structure related to its Whistleblower Protection Program (WPP).  The WPP will now report directly to the Assistant Secretary of OSHA, currently Dr. David Michaels, instead of the Director of the Directorate of Enforcement Programs. The WPP is in charge of investigating workplace retaliation complaints made by… Continue Reading

Employers Must Post the OSHA 300A by February 1

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