Earlier today, the Occupational Safety and Health Administration’s (“OSHA”) Directorate of Enforcement Programs issued a new memorandum and interim guidance (“Enforcement Guidance”) on enforcement of the respiratory protection standard, 29 CFR § 1910.134, and certain other health standards, in light of the severe shortages in respirator availability. Consistent with the agency’s March 14, 2020 enforcement … Continue Reading
Construction workers received guidance on best practices in preventing the spread of novel coronavirus from New York City. The city has recognized that ordinary practices at construction sites – shared tools, huddled shift meetings and packed schedules with varied trade contractors – can present unique dangers at construction sites. The Occupational Safety and Health Administration … Continue Reading
It is well known that California’s workplace health and safety regulations direct employers to develop and implement an Injury and Illness Prevention Program (“IIPP”) to protect employees from workplace hazards. Some employers also have an obligation under the California Department of Industrial Relations Division of Occupational Safety & Health’s (“Cal OSHA”) Aerosol Transmissible Diseases (“ATD”) … Continue Reading
As COVID-19 continues to spread throughout the United States, one concern is whether there are sufficient numbers of respirators in order to protect healthcare providers who are on the frontlines of dealing with infected and potentially infected patients. On March 11, 2020, President Trump issued a Presidential Memorandum stating that the government “must ensure that … Continue Reading
OSHA recently issued guidance to employers on preparing workplaces for COVID-19. You can find our detailed summary of this gudiance here. And a comparison of OSHA’s risk levels and corresponding recommendations on the precautions employers should take is provided in an easy to follow chart.… Continue Reading
We are all adjusting to a new normal for the next few weeks and the impact on COVID-19 is significant on employers, this includes ensuring employees who may be at risk are kept safe and healthy by implementing necessary OSHA requirements. A few weeks ago, OSHA issued general guidance on COVID-19 for employers. In doing … Continue Reading
On February 12, 2020, Kentucky’s Labor Cabinet’s Department of Workplace Standards has proposed an amendment to its regulation on employer’s obligations to report workplace injury and illnesses. Currently, employers in Kentucky must report all “work-related” incidents involving the loss of an eye, hospitalization of fewer than 3 employees, or amputation within 72 hours of the … 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
In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain drug testing policies or safety incentive programs would be considered violations of part 29 C.F.R. § 1904.35(b)(1)(iv). Part 29 C.F.R. § 1904.35(b)(1)(iv) prohibits employers from discharging or discriminating against an employee for reporting a work-related injury … Continue Reading
The Occupational Safety and Health Administration (OSHA) has released a set of 53 Frequently Asked Questions (FAQs) to provide guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction. The standard requires employers to limit worker exposures to respirable crystalline silica and to take other steps to protect workers. The FAQs are … Continue Reading
In the last Regulatory Agenda, OSHA indicated that it was undergoing rulemaking to revise the Improve Tracking of Workplace Injuries and Illnesses regulation promulgated under the Obama administration. Specifically, OSHA noted it was considering deleting the requirement for employers with 250 or more employees at an establishment to electronically submit its 300 Log, 301 Forms … Continue Reading
Earlier this month OSHA published a guidance document for the tree care industry, “Solutions for Tree Care Hazards.” The two page publication addresses five major hazards for the tree care industry, including traffic control, chippers, aerial lifts, power lines and drop zones for falling objects. The publication breaks each topic into risk factors and prevention … Continue Reading
On August 1, 2017, OSHA finally launched its web portal to accept submission of recordkeeping forms pursuant to the requirements in the final rule, “Improve Tracking of Workplace Injuries and Illnesses.” Under the rule, which was promulgated in May 2016, OSHA originally anticipated having the portal available by February 1, 2017, with submissions due by … Continue Reading
Nearly every time I visit OSHA’s website, which is a daily event for me, I find something new. It might be a news release on the latest enforcement action, which might tell me what compliance officers are focusing on in certain regions. It might be new guidance on a recent standard, which might help me counsel employers on their … Continue Reading
Last week OSHA announced the release of its “Recommended Practices for Anti-Retaliations Programs.” The publication is “intended to assist employers in creating workplaces that are free of retaliation … This document is advisory in nature and informational in content. It is not mandatory for employers, and does not interpret or create legal obligations.” Another caveat … 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 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
Using a crane to move headstones and small monuments is “generally” not defined as construction, but the crane operator is still responsible for stringent worker-safety rules regarding crane operations, the Occupational Safety and Health Administration has advised in response to a question from an Arkansas granite and marble cemetery monument delivery company. To read the … Continue Reading
The Occupational Safety and Health Administration has issued “interim guidance” to provide employers and workers information and advice on preventing occupational exposure to the mosquito-borne Zika virus. To read the full article, written by Tressi Cordaro, click here.… Continue Reading
The Occupational Health and Safety Administration’s new campaign — “Water. Rest. Shade.” — alerts employers and workers to the hazards of working in high summer temperatures and highlights OSHA’s educational and training resources, including a free app, to help lower the risk of heat-related illnesses in the workplace. To read the full article, written by … Continue Reading
Federal government agencies have released interim guidance to provide employers and workers information and advice on preventing occupational exposure to the Zika virus. To read the full article, written by Donna Vetrano Pryor, click here.… Continue Reading
If you are an employer who provides healthcare or social services, it is time to dust off the workplace violence policy and review! OSHA has released new guidance for preventing or materially reducing workplace violence events in healthcare and social service settings. According to OSHA, BLS data indicates that 27 out of 100 fatalities in 2013 for healthcare or social workers were … Continue Reading
On January 28, 2016, OSHA released an updated Whistleblower Investigations Manual (OSHA Instruction CPL 02-03-005) to replace the manual dated April 21, 2015. The new manual makes three significant changes: The sections on Investigative Records and Statistics have been deleted. Investigative Records is covered in the new Chapter 23, “Information Disclosure.” Chapter 3, “Conduct of … Continue Reading
