OSHA Enforcement

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OSHA announced this week a shift in how it will evaluate inspections, recognizing that inspections are not all equal and that more-complex inspections deserve more weight. The complexity of an inspection affects the amount of time, manpower and other resources required by OSHA and this new tiered inspection system will reflect this complexity. Under the…

OSHA’s new reporting requirements began on January 1, 2015. Under these requirements, employers in federal OSHA jurisdiction are required to report to OSHA any work-related fatality or any work-related injury resulting in an employee being formally admitted to the hospital or any work-related amputation or loss of an eye. Since the implementation of these new…

In an interpretation letter dated June 1, 2015, OSHA answered the question “Under OSHA regulations 29 CFR 1926.95(a) who is responsible for the laundering of fire retarding clothing that is provided to employees?” The section states that protective equipment “shall be provided, used, and maintained in a sanitary and reliable condition” but does not elaborate…

OSHA’s National Emphasis Program (“NEP”) on Amputations has been in effect since 2006 but on August 13th the Agency issued an updated NEP (CPL 03-00-019) that significantly expands the industries targeted for inspections.  The updated NEP applies to general industry workplaces in which any machinery or equipment likely to cause amputations is present.  According to…

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…

Authored by:  Linda Otaigbe

OSHA has recently issued several memoranda updating guidance on its Process Safety Management (“PSM”) standard. On June 5, 2015, OSHA issued a memorandum to Regional Administrators explaining how inspectors should enforce recognized and generally accepted good engineering practices (“RAGAGEP”) requirements. Among other things, OSHA explained that when an employer’s internal standards…

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…

OSHA issues new guidance to Regional Administrators and State Plan Designees on the enforcement of the Process Safety Management (PSM) standard’s recognized and generally accepted good engineering practices (RAGAGEP) requirements. The new guidance clarifies OSHA’s positions with respect to enforcing the PSM standards that reference or imply the use of RAGAGEP. The memorandum provides the most detailed information on how OSHA will handle PSM inspections with respect to the RAGAGEP requirements and it includes 16 detailed enforcement considerations that inspectors will evaluate when reviewing an employer’s compliance. The memorandum also provides specific guidance on when citations may be issued.

Employers covered under 29 C.F.R. § 1910.119 should carefully review their compliance with the following standards in light of this new guidance and OSHA’s renewed focus on the proper application of RAGAGEP to covered processes and equipment:

  • 119(d)(3)(ii) – The employer shall document that equipment complies with RAGAGEP.
  • 119(d)(3)(III) – For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the employer shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.
  • 119(j)(4)(ii) – Inspection and testing procedures shall follow RAGAGEP.
  • 119(j)(4)(iii) – The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers’ recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.

Issuance of this memorandum signals that inspectors will be looking more closely at these requirements during PSM-related inspections and that they will specifically be looking for information on whether employers have identified and documented the appropriate RAGAGEP that applies to each piece of equipment and are following the inspection and testing requirements including frequency of those inspections and tests.Continue Reading Eight Tips for Addressing OSHA’s New Enforcement Guidance on RAGAGEP under the Process Safety Management Standard

A memorandum dated April 2, 2015 from Thomas Galassi, Directorate of Enforcement Programs, reminded Regional Administrators that the National Emphasis Program (NEP) on Nursing and Residential Care Facilities, was expiring, effective April 5, 2015.   (The NEP had focused on specific hazards such as ergonomics, bloodborne pathogens, tuberculosis, workplace violence, and slips, trips, and falls in…

OSHA released an update to its Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers. The publication includes industry best practices and provides some insight on how to reduce the risk of violence in various healthcare and social service settings.  To protect against violence, OSHA recommends that healthcare providers develop an effective workplace violence prevention program that includes:  (1) Management commitment and employee participation; (2) Worksite analysis/Tracking and Trending; (3) Hazard prevention and control; (4) Safety and health training; and (5) Recordkeeping and program evaluation.  In the Guidelines, OSHA provides several detailed charts to assist employers in navigating and implementing these program elements.

In the Guidelines, OSHA indicates that healthcare and social service workers face a significant risk of job-related violence.  According to the Bureau of Labor Statistics (BLS), 27 out of the 100 fatalities in the healthcare and social service industries in 2013 were due to assaults and violent acts.  In addition, 70-74% of all workplace assaults occurred in the healthcare and social service industries and assaults comprised 10-11% of workplace injuries involving days away from work for healthcare workers.

Work-related assaults and other incident of workplace violence primarily result from violent behavior from patients, clients and residents in healthcare and social service settings.  Working directly with people who have a history of violence or who have abused drugs or alcohol increase the risk that an employee can be subject to workplace violence.  Working with the public or with relatives of patients and residents also increases the risk of violence.  Other factors that employers should consider in assessing whether their employees are at risk for workplace violence include:

  • Working with volatile, unstable people
  • Transporting patients, residents or clients
  • Working alone in a facility or in a patient’s home
  • Lack of emergency communication
  • Working late at night or early morning hours
  • Working in poor lit corridors, rooms, parking lots and other areas
  • Working in areas with high crime rates
  • Availability of firearms and weapons
  • Long waits for care and services
  • Overcrowded or uncomfortable waiting rooms

Hospitals, Residential Treatment, Non-residential Treatment, Community Care, and Field work settings may have a number of these risk factors that would warrant the need to create a written violence prevention program with the five program elements.Continue Reading OSHA Issues New Guidelines on Workplace Violence Prevention for Healthcare