On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat citation items under the Process … Continue Reading
Last week we wrote about government agencies’ tendencies to “flip-flop” on guidance related to preventing transmission and spread of coronavirus (“COVID-19”), and how this impacts employers’ ability to meet health and safety compliance obligations expectations and avoid regulatory liability. Underscoring these points, on Monday the U.S. Centers for Disease Control and Prevention (“CDC”) rolled out … Continue Reading
Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating OSHA’s citations and one decision reclassifying a willful violation to a serious violation and reducing the penalty from $49,000 to just $3500. … Continue Reading
With everyone focusing on the coronavirus (“COVID-19”) pandemic, the Occupational Safety and Health Administration (“OSHA”) has quietly moved forward with issuing a final rule on occupational exposures to beryllium and beryllium compounds (collectively “beryllium”) for the general industry. Requirements for occupational exposures to beryllium are currently contained in three separate standards for the general industry … Continue Reading
Requirements for recording and reporting of occupational injuries and illnesses are unique in California, with the state having more stringent obligations than federal Occupational Safety and Health Administration (“OSHA”) around both reporting of “serious injuries” and what constitutes a work-related injury or illness. To complicate the matter further for California employers, the State of California … Continue Reading
With many restaurants limited to offering food and beverage carryout and curbside pickup options because of the COVID-19 pandemic, the Occupational Safety and Health Administration (OSHA) has published guidelines suggesting best practices to prevent the spread of COVID-19. To prevent exposures with customers, OSHA recommends that food and beverage vendors: Avoid direct hand-offs when possible; … Continue Reading
In light of the ongoing safety concerns related to COVID-19, OSHA issued an alert identifying various voluntary safety measures that employers can take to keep package delivery workers safe from exposure to coronavirus. OSHA’s safety tips included: Establishing flexible work hours (e.g., staggered shifts) where feasible; Minimizing interaction between drivers and customers by leaving deliveries … Continue Reading
Due to the evolving coronavirus (“COVID-19”) pandemic and emergence of outbreaks across the country, there have been widespread reports of critical shortages of personal protective equipment (“PPE”), such as masks, face shields, and gowns. OSHA previously issued guidance, including an April 3, 2020 memorandum and interim guidance and a March 14, 2020 enforcement memorandum, which alleviated some … Continue Reading
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect … Continue Reading
On September 6, 2019, OSHA issued a letter of interpretation in response to an employers question regarding the use of headphones to listen to music on construction sites. The employer stated that some headphones are advertised as “OSHA approved” and asked whether OSHA had any specific regulation that prohibits the use of headphones to listen … Continue Reading
You might be surprised to learn that the Occupational Safety and Health Administration (OSHA) enforces 22 different whistleblower protection laws. This includes laws governing workplace safety and health at construction, manufacturing, energy generation or distribution and other worksites. It also includes a broad array of laws that regulate hazards and prohibited activities specific to airlines, … Continue Reading
Pursuant to 29 C.F.R. § 1910.134(f) employees are required to be fit tested prior to wearing tight-fitting respirators and the fit test administered must be using an OSHA-accepted fit test protocol. Appendix A to § 1910.134 outlines the procedures employers are required to use for fit testing and apply to all OSHA-accepted fit test methods, … Continue Reading
On March 11, 2019, OSHA issued a Request for Information (RFI) in the Federal Register seeking comments and information from stakeholders regarding the use of powered industrial trucks (PITs) for maritime (1915.120, 1917.43, 1918.65) construction, (1926.602(c), (d)), and general industries (1910.178). OSHA is considering revising current standards regarding powered industrial trucks and this information will … Continue Reading
Congress took employers by surprise when it increased Occupational Safety and Health Administration (“OSHA”) penalties nearly 80 percent in 2016. Today, a Serious violation can fetch a maximum penalty of $13,260, and a Willful or Repeat violation can cost up to $132,598. Citations often include multiple items, which can multiply these figures. When construction companies … Continue Reading
Workplace safety is moving in the right direction, according to employers and the Bureau of Labor Statistics (BLS). Based on an annual survey, BLS estimates that private industry employers had 45,800 fewer cases of nonfatal injuries and illnesses among full-time employees in 2017 as compared to the year before. All measures – – including missed … Continue Reading
OSHA is beginning to use its electronic recordkeeping system to target inspections for employers. The agency launched a new initiative last week to focus enforcement resources on workplaces with a history of injuries and illnesses, but have not provided required data under its electronic recordkeeping rules. Announcing its Site-Specific Targeting 2016 (SST-16) Program, OSHA is … Continue Reading
Earlier this month MIOSHA released a new Fact Sheet entitled Eyewashes and Safety Showers. Briefly, this Fact Sheet states the general requirement that: Suitable facilities for quick drenching or flushing of the eyes and body must be provided within the work area for immediate emergency use when the eyes or body of any person may … Continue Reading
Many healthcare workers experience violence in the workplace often resulting from violent behavior by their patients, clients and/or residents. What can healthcare organizations do to improve safety and minimize the risk of workplace violence? Click here to read the full article on Jackson Lewis’ Healthcare blog.… Continue Reading
On May 11th OSHA began enforcement of certain requirements of the beryllium standard. For generally industry, construction and shipyards this included the permissible exposure limits. Further, in general industry enforcement began for the requirements of an exposure assessment, respiratory protection, medical surveillance and medical removal. While OSHA began enforcement of some of the these requirements it had previously … Continue Reading
The Occupational Safety and Health Review Commission (OSHRC) is reviewing OSHA’s use of the general duty clause to issue citations against employers for heat-related hazards that are likely to cause death or serious bodily harm to employees. OSHRC accepted for review the case of Secretary of Labor, Department of Labor vs. A.H. Sturgill Roofing, Inc. … Continue Reading
In 2014, the Cal/OSHA Division received a petition for a new workplace violence regulation for general industry. Petition 542, which was originally submitted on behalf of teachers, has been used as the basis for consideration of a general industry standard on workplace violence. This year, the CA Standards Board, the entity that promulgates new CA … Continue Reading
