Archives: OSHA Guidance

Subscribe to OSHA Guidance RSS Feed

OSHA Launches Injury Tracking Application

On August 1, 2017, OSHA finally launched its web portal to accept submission of recordkeeping forms pursuant to the requirements in the final rule, “Improve Tracking of Workplace Injuries and Illnesses.”  Under the rule, which was promulgated in May 2016, OSHA originally anticipated having the portal available by February 1, 2017, with submissions due by … Continue Reading

All About OSHA

Nearly every time I visit OSHA’s website, which is a daily event for me, I find something new.  It might be a news release on the latest enforcement action, which might tell me what compliance officers are focusing on in certain regions.  It might be new guidance on a recent standard, which might help me counsel employers on their … Continue Reading

OSHA Releases “Recommended Practices for Anti-Retaliation Programs”

Last week OSHA announced the release of its “Recommended Practices for Anti-Retaliations Programs.”  The publication is “intended to assist employers in creating workplaces that are free of retaliation … This document is advisory in nature and informational in content.  It is not mandatory for employers, and does not interpret or create legal obligations.”  Another caveat … 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 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 Clarifies Cranes and Derricks in Construction Standard for Moving Grave Headstones, Monuments

Using a crane to move headstones and small monuments is “generally” not defined as construction, but the crane operator is still responsible for stringent worker-safety rules regarding crane operations, the Occupational Safety and Health Administration has advised in response to a question from an Arkansas granite and marble cemetery monument delivery company. To read the … Continue Reading

OSHA Launches Summer Heat Safety Campaign

The Occupational Health and Safety Administration’s new campaign — “Water. Rest. Shade.” — alerts employers and workers to the hazards of working in high summer temperatures and highlights OSHA’s educational and training resources, including a free app, to help lower the risk of heat-related illnesses in the workplace. To read the full article, written by … Continue Reading

OSHA issues new guidance for Healthcare and Workplace Violence

If you are an employer who provides healthcare or social services, it is time to dust off the workplace violence policy and review!  OSHA has released new guidance for preventing or materially reducing workplace violence events in healthcare and social service settings. According to OSHA, BLS data indicates that 27 out of 100 fatalities in 2013 for healthcare or social workers were … 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

OSHA Holds Public Meeting on its New Voluntary Safety and Health Program Management Guidelines

Authored by: Linda Otaigbe On December 9, 2015 OSHA held a public meeting at the Department of Labor in Washington, D.C. to discuss its revised Safety and Health Program Management Guidelines, which are voluntary guidelines for employers.  Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, led the meeting and sought input … Continue Reading

OSHA Seeks Comment on New OSHA Safety and Health Management Program Guidelines

The Occupational Safety and Health Administration is asking for stakeholder input on revised safety and health management guidelines that employers may adopt voluntarily. The draft guidelines (SHPM_guidelines.pdf) update the agency’s 1989 safety and health program management guidelines. To read the full article, written by Tressi Cordaro, click here.… 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

OSHA Seeks Comments on its Updated Voluntary Safety and Health Program Management Guidelines

This week OSHA announced that it is seeking public comment on its updated voluntary Safety and Health Program Management Guidelines (OSHA-2015-0018) which it hopes “will provide employers and workers with a sound, flexible framework for addressing safety and health issues in the workplace.” Comments must be received by February 15th, 2016. The Safety and Health … 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

OSHA Request Public Comment on Whistleblower Guidance Document

Recognizing that “an ounce of prevention is worth a pound of cure”, OSHA introduced last week its draft document, “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation” (available here).  In the draft document, OSHA identifies these five key steps to creating an effective anti-retaliation program: Ensure leadership commitment Foster an anti-retaliation culture … Continue Reading

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. This has led some U.S. senators not only to issue a broad pledge to restrict the practice when such guidance becomes a rule enforceable against a regulated community, but also to request that the Occupational Safety and … Continue Reading

OSHA Issues Extensive Hazard Communication Directive

On July 20, 2015, OSHA published a long awaited Directive on the revised Hazard Communication Standard (“HCS”), Inspection Procedures for the Hazard Communication Standard (HCS 2012), CPL 02-02-079. The Directive is intended to provide inspection and enforcement guidance to compliance officers regarding the final Hazard Communication Standard published in March 2012. However, the Directive also … Continue Reading

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
LexBlog