Monthly Archives: November 2015

OSHA Anticipates Issuing Several New Final Rules in Early 2016

On November 20, 2015 the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions. The regulatory agenda for the Department of Labor … 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

OSHA Law Blog Live: Increased Penalties for Employers, Electronic Recordkeeping Proposed Rule Almost Final

Season 1, Episode 2- 8 mins 54 sec This podcast covers two major developments in workplace safety health and law: 1). OSHA is increasing employer penalties for the first time in 25 years. 2). OSHA’s proposed electronic recordkeeping rule is almost final. Be sure to listen to this quick podcast to find out the latest … 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

Commission to Test OSHA’s Use of Its General Duty Clause for Enforcement

The quasi-judicial body overseeing enforcement actions by the Occupational Safety and Health Administration has handed OSHA another challenge to the agency’s nascent use of guidance documents as the basis for issuing citations, rather than relying on legally promulgated standards. To read the full article, written by Brian Hendrix, click here.… 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

Yes…OSHA Penalties Are Going Up!

The Bipartisan Budget Act of 2015 was signed into law by President Obama on November 2, 2015. Section 701, “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015” requires OSHA to increase its civil penalties for the first time since 1990. A one-time “Catch Up Adjustment” will occur in 2016 with penalties increasing up … Continue Reading

OSHA Penalties Going Up?

The Bipartisan Budget Act of 2015 contains a few surprises for employers covered by the OSH Act. To date, OSHA’s monetary penalties have not been subject to inflationary increases and, in fact, have been static since 1990. The proposed “Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015” which applies specifically to the OSH … Continue Reading
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