In March 2016, Federal OSHA promulgated a final rule on Occupational Exposure to Crystalline Silica for Construction, which established a new permissible exposure limit and contained several ancillary provisions that apply to the construction industry. The rule was codified at 29 C.F.R § 1926.1153 and became effective on June 23, 2016. Under the standard, all requirements were … Continue Reading
As part of the final rule, Improve Tracking of Workplace Injuries and Illness, issued in May 2016, employers had a phased in compliance deadline for the electronic submission of recordkeeping forms. For 2017, employers with establishments with 250 or more employees and establishments with less than 250 employees but 20 or more in certain high-risk industries were … Continue Reading
Employers do not have to report a worker as having an injury if they instruct the worker to do regular stretching exercises for a “minor discomfort,” the Occupational Safety and Health Administration has concluded in an interpretation letter released on May 24, 2017. In the letter, OSHA responded to a question on whether “an employee’s … Continue Reading
Two Massachusetts contractors were operating as a single employer at a worksite in Massachusetts when at least two employees of a roofing crew fell from a wooden plank in October 2014, an Occupational Safety and Health Review Commission administrative law judge has ruled. To read the full article, written by Brad Hammock, click here.… Continue Reading
In February 2013, OSHA issued an interpretation letter in response to a request from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, which clarified that employees at a non-union worksite could elect to have a non-employee who is “affiliated with a union” or with a “community organization” … Continue Reading
On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction. The standard is substantially similar to Federal OSHA’s new rules for silica. The new standard is found under Title 8 section 1532.3 of the California Code of Regulations and like … Continue Reading
Earlier today, OSHA issued a memorandum to all Regional Administrators informing them that “we have decided to delay enforcement of this standard [1926.1153] until September 23, 2017.” The agency noted that the additional time is necessary for the development of guidance materials and training for compliance officers. OSHA explained that it is currently developing educational … Continue Reading
The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” was published in the Federal Register on December 19, 2016, and … Continue Reading
The Occupational and Safety and Health Administration released a preliminary list of the 10 most frequently cited safety and health violations for 2016, compiled from about 32,000 inspections of workplaces by federal OSHA staff. To see the top 10 and read the full article, written by Joe Dreesen, click here.… Continue Reading
Today, OSHA announced a proposed delay in the effective date of its new Beryllium rule. Its second extension request. The effective date was previously delayed from January 9, 2017 until March 21, 2017. OSHA is requesting the effective date be extended for an additional 60-days — until May 20, 2017 — so the new Administration can have additional time to further review questions of law and policy. Currently, the proposed … Continue Reading
In August 2016 we reported on the substantial increases to OSHA fines for violations of safety and health regulations as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (Sec. 701 of Public Law 114-74). This law allowed OSHA a one-time “catch-up” adjustment for civil penalties followed by annual increases in penalties … Continue Reading
On November 17, 2016, OSHA issued a final rule revising and updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The final rule includes revised and new provisions addressing fixed ladders, rope descent systems, and fall protection systems. The rule also establishes requirements on the design, performance and use of … Continue Reading
OSHA recently released its preliminary annual list of the top ten safety and health violations cited for fiscal year 2016. While not anticipated to change much, a more final list will be completed closer to the end of 2016. In descending order, these are: Fall protection (Construction) – 1926.501 – violations are generally for failing … Continue Reading
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
In response to a request from a federal judge, OSHA has agreed to extend the effective date of the anti-retaliation provisions in it’s new final rule, Improve Tracking of Workplace Injuries and Illnesses until December 1, 2016. The provisions were originally set to become effective in August and that date was further extended to November 1, 2016 to … Continue Reading
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
Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, issued a new report, discussing the results of the first year of the severe injury reporting requirements. The report concludes that the severe injury reporting program has been a big success in improving safety and health in workplaces across the United … Continue Reading
State workplace safety agencies raised objections to adopting federal Occupational Safety and Health Administration’s penalty increases in letters to the Department of Labor on OSHA’s interim final rule, Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustment. To read the full article, written by Nickole Winnett, click here.… Continue Reading
In an effort to speed up claims under the Occupational Safety and Health Administration’s Whistleblower Protection Program, the Labor Department’s San Francisco region has launched a new process, called the “Expedited Case Processing Pilot.” To read the full article, written by Nickole Winnett, click here.… Continue Reading
Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of Section 1904.35, which requires employers to inform employees of the right to report injuries and illnesses free from retaliation and … Continue Reading
Under the Bipartisan Budget Act of 2015 OSHA was required to adjust civil penalties for violations of safety and health standards on or before July 1, 2016. The Bipartisan Budget Act allowed OSHA a one time “catch-up” to adjust for inflation since 1990. On July 1, 2016, OSHA announced the new maximum civil penalties which will take … Continue Reading
August 1, 2016, is the effective date for imposition of higher fines by the Occupational Safety and Health Administration, but violations alleged in inspections occurring as recently as this February may be subject to the increased fees, according to OSHA. To read the full article, written by Nickole Winnett, click here.… Continue Reading
The Occupational Safety and Health Administration (OSHA) has released a pre-publication copy of its final rule, Occupational Exposure to Respirable Crystalline Silica. The rule will be published in the March 25, 2016, Federal Register and will be effective in 90 days. To read the full article, written by Henry Chajet, click here.… Continue Reading
Manufacturing industries with elevated injury and illness rates in Kansas, Missouri, and Nebraska face an increased probability of getting a comprehensive safety and health inspection as a result of an initiative launched by the Occupational Safety and Health Administration on January 25. To read the full article, written by Tressi Cordaro, click here.… Continue Reading
