Archives: OSHA Enforcement

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OSHA Exempts Monorail Hoists from Cranes and Derricks Regulations

The Occupational Safety and Health Administration has issued a new enforcement policy that excludes monorail hoists from regulations on cranes and derricks in constructions. Stakeholders had argued that monorail hoists are not the same as cranes and derricks in construction, pointing out that these hoists are attached to fixed monorails mounted on trucks, trailers, scaffolding … Continue Reading

KY OSHA Delays Silica Compliance Date for Construction Industry

In March 2016, Federal OSHA promulgated a final rule on Occupational Exposure to Crystalline Silica for Construction, which established a new permissible exposure limit and contained several ancillary provisions that apply to the construction industry. The rule was codified at 29 C.F.R § 1926.1153 and became effective on June 23, 2016. Under the standard, all requirements were … Continue Reading

OSHA Proposes to Delay Electronic Submission of Recordkeeping Forms Until December

As part of the final rule, Improve Tracking of Workplace Injuries and Illness, issued in May 2016, employers  had a phased in compliance deadline for the electronic submission of recordkeeping forms.  For 2017, employers with establishments with 250 or more employees and establishments with less than 250 employees but 20 or more in certain high-risk industries were … Continue Reading

Employers Do Not Have to Report Injury for Employee Who Does a ‘Daily Stretching Program,’ OSHA Says

Employers do not have to report a worker as having an injury if they instruct the worker to do regular stretching exercises for a “minor discomfort,” the Occupational Safety and Health Administration has concluded in an interpretation letter released on May 24, 2017. In the letter, OSHA responded to a question on whether “an employee’s … Continue Reading

Two Massachusetts Companies Operated as Single Employer, OSHA Judge Finds, Upholds Citations

Two Massachusetts contractors were operating as a single employer at a worksite in Massachusetts when at least two employees of a roofing crew fell from a wooden plank in October 2014, an Occupational Safety and Health Review Commission administrative law judge has ruled.  To read the full article, written by Brad Hammock, click here.… Continue Reading

OSHA Rescinds Union Walk Around Letter

In February 2013, OSHA issued an interpretation letter in response to a request from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, which clarified that employees at a non-union worksite could elect to have a non-employee who is “affiliated with a union” or with a “community organization” … Continue Reading

California OSHA Delays Enforcement of Construction Silica Standard

On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction.  The standard is substantially similar to Federal OSHA’s new rules for silica.  The new standard is found under Title 8 section 1532.3 of the California Code of Regulations and like … Continue Reading

OSHA Delays Silica Rule for Construction Industry

Earlier today, OSHA issued a memorandum to all Regional Administrators informing them that “we have decided to delay enforcement of this standard [1926.1153] until September 23, 2017.” The agency noted that the additional time is necessary for the development of guidance materials and training for compliance officers. OSHA explained that it is currently developing educational … Continue Reading

House of Representatives Votes to Block OSHA Recordkeeping Rule

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” was published in the Federal Register on December 19, 2016, and … Continue Reading

Effective Date of Beryllium Rule Delayed Again

Today, OSHA announced a proposed delay in the effective date of its new Beryllium rule. Its second extension request.  The effective date was previously delayed from January 9, 2017 until March 21, 2017.  OSHA is  requesting the effective date be extended for an additional 60-days — until May 20, 2017 — so the new Administration can have additional time to further review questions of law and policy. Currently, the proposed … Continue Reading

OSHA Penalties Go Up…Yes, Again

In August 2016 we reported on the substantial increases to OSHA fines for violations of safety and health regulations as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (Sec. 701 of Public Law 114-74).  This law allowed OSHA a one-time “catch-up” adjustment for civil penalties followed by annual increases in penalties … Continue Reading

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
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