Assistant Secretary of Labor for the Occupational Safety and Health Administration Dr. David Michaels has appointed Beth Slavet as the new director of the agency’s Whistleblower Protection Program. Ms. Slavet is an employment attorney who has specialized in representing unions, Foreign Service employees and other government workers, with a focus on whistleblower protection. Her appointment
OSHA Enforcement
Workplace Safety and Health Reporter: Summer Edition
OSHA Publishes Criteria for Removal from the Severe Violator Enforcement Program
In a memorandum to Regional Administrators, OSHA’s Director of Enforcement Programs (DEP) has set forth the criteria for employers to be removed from the Severe Violator Enforcement Program (SVEP). The memorandum stems from a review of the SVEP undertaken by DEP in fiscal year 2011.
Under the memorandum, an employer may be removed from the SVEP after…
OSHA Seeks to Establish New Whistleblower Committee
OSHA has announced a plan to establish a Whistleblower Protection Advisory Committee to advise and make recommendations to OSHA Assistant Secretary Michaels on ways to improve OSHA’s administration of its whistleblower protection enforcement program. Click here for a link to a full article on the new Committee.
D.C. Circuit Vacates Recordkeeping Citations as Outside Statute of Limitations
Vacating citations issued by OSHA for violations of the Occupational Safety and Health Act’s recordkeeping requirements, the U.S. Court of Appeals for the District of Columbia Circuit has held that the citations were untimely and barred by the Act’s six-month statute of limitations. Click here for a full discussion of the decision.
OSHA to Target Nursing Homes and Residential Care Facilities with Programmed Inspections
OSHA has announced a National Emphasis Program (NEP) to encourage compliance with safety and health standards at nursing and residential care facilities through programmed inspections. The NEP, which directs OSHA compliance officers to focus inspections on ergonomic stressors associated with lifting patients; slips, trips, and falls; bloodborne pathogens; exposure to tuberculosis; and workplace violence, took…
Special Report: An Overview of Legal Considerations When Bringing Health Care “In-House”
Many businesses across the country have implemented on-site occupational health clinics to address occupational injuries and illnesses, as well as address common employee health needs. While on-site occupational health clinics can provide many benefits for employers and their employees, they also can present significant compliance challenges for companies in the areas of employee benefits, privacy, leave management, and, of course…
OSHA Addresses Sweep Auger Policy in Grain Handling Industry
In a February 16, 2012 letter to Congresswoman Kristi Noem, OSHA Assistant Secretary David Michaels has provided additional guidance to employers in the grain handling industry regarding the use of sweep augers to remove grain from bins. Sweep augers are common tools used in grain bins to push grain remaining at the bottom of a bin into…
OSHA’s Whistleblower Program to Report Directly to Assistant Secretary
On March 1, 2012, OSHA announced a change to its organizational structure related to its Whistleblower Protection Program (WPP). The WPP will now report directly to the Assistant Secretary of OSHA, currently Dr. David Michaels, instead of the Director of the Directorate of Enforcement Programs.
The WPP is in charge of investigating workplace retaliation complaints made by…
Employers Must Post the OSHA 300A by February 1
Employers covered by OSHA’s recordkeeping rule must prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” by February 1 and keep the form posted until April 30. The form must be posted at each establishment covered, in a conspicuous place where notices to employees are customarily posted.
After the form is completed, but before…