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
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 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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 also … Continue Reading
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 … Continue Reading
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 with … Continue Reading
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 … Continue Reading
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 covered … Continue Reading
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 … Continue Reading
On March 20, 2015, OSHA rescinded portions of its recent memorandum, “Safety and Health Achievement Recognition Program: Updated Size”, after only four-months in response to employers’, state officials’, and Congressional members’ outcries. As described by Tressi Cordaro in her February 3, 2015 OSHA Law Blog post, the November 24, 2014 memorandum redefined the size requirement for participation in the Safety and Health … Continue Reading
OSHA recently issued an internal memorandum outlining enforcement guidance for some of the 2012 Hazard Communication Standard’s (HCS) requirements effective on June 1, 2015—namely, the requirement that chemical manufacturers, importers and distributors must develop and use safety data sheets (SDSs) and labels for their chemical mixtures that align with the UN Globally Harmonized System of … Continue Reading
OSHA first announced its proposed rule on Occupational Exposure to Crystalline Silica in August 2013 and concluded public hearings on the proposed rule in April 2014. In spite of this ongoing intense rulemaking on occupational exposure to crystalline silica, OSHA and NIOSH published a Hazard Alert on Worker Exposure to Crystalline Silica during Countertop Manufacturing, … Continue Reading
California Governor Jerry Brown signed A.B. 1634 into law on September 20, 2014, a new bill that significantly changes an employer’s obligations to abate alleged workplace safety and health hazards in California and reduces the ability of the California Division of Occupational Safety and Health (DOSH) to make modifications to civil penalties. When the new law … Continue Reading
OSHA recently announced the preliminary Top 10 most frequently cited violations for fiscal year 2014. The Top 10 list remains virtually unchanged from years prior. For FY 2015, employers should spend some extra time reviewing their workplace safety programs under the Top 10 most frequently cited standards to ensure their compliance with the OSHA requirements. A focus … Continue Reading
On August 8, 2013, the Occupational Safety and Health Administration (OSHA) published a report in the Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report (Vol. 63. No. 31) related to the causes of heat illness and death among workers in the United States. The report is the result of a OSHA’s Heat … Continue Reading
The National Labor Relations Board issued Memoradum OM 14-77 on August 8, 2014, informing all regional directors and resident officers that they should notify parties of their right to file a complaint with OSHA if they believe that an employer may have violated a health or safety standard or an anti-retaliation provision of the Occupational Safety and … Continue Reading
The Occupational Safety and Health Administration (“OSHA”) recently entered into a Memorandum of Understanding (“MOU”) with the Federal Motor Carrier Safety Administration (“FMCSA”). The MOU is intended to facilitate coordination and cooperation between the two agencies when enforcing the anti-retaliation provision of the Surface Transportation Assistance Act (“STAA”), 49 U.S.C. § 31105, and the anti-coercion … Continue Reading
In the last installment of this LOTO series, we address the periodic inspections and training requirements. Are We Performing Periodic Inspections? Employers are required to conduct periodic inspections of their energy control procedures at least annually to ensure that they are being effectively implemented and to correct any deviations or inadequacies. 29 C.F.R. § … Continue Reading
It seems that just about every week the Occupational Safety and Health Administration (“OSHA”) issues citations to another employer for its alleged failure to implement the requirements under the Control of Hazardous Energy standard, 29 C.F.R. § 1910.147 (better known as the Lockout/Tagout (“LOTO”) standard). In fact, the LOTO standard has consistently been one of … Continue Reading
In the final cranes and derricks in construction standard, 1926 – Subpart CC, which was issued August 9, 2010, crane operators were required to either be certified or qualified (depending on the option elected by an employer) by November 10, 2014. 29 C.F.R. § 1926.1427(k). On February 10, 2014, OSHA proposed a three-year extension to … Continue Reading
Employers covered by the Occupational Safety and Health Administration’s recordkeeping rule must prepare and post OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” by February 1, 2014, and keep the form posted until April 30, 2014. The form must be posted at each establishment covered, in a conspicuous place where notices to employees are … Continue Reading
