OSHA Guidance

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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

On June 1, 2015, OSHA announced its new Best Practices: A Guide to Restroom Access for Transgender Workers. The core principle underlying OSHA’s best practices is that: “All employees, including transgender employees, should have access to restrooms that correspond to their gender identity.”

OSHA’s Sanitation standard (29 C.F.R. § 1910.141(c)) mandates that employers who fall…

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, Finishing and Installation last week.  This marks the first Hazard Alert on silica exposure since OSHA issued the alert for Worker Exposure to Silica during Hydraulic Fracturing in June 2012.
Continue Reading OSHA and NIOSH issue Hazard Alert on Worker Exposure to Crystalline Silica

In anticipation of the holiday season and an increase in holiday shoppers lured by the promise of big sales, OSHA sent a letter to major retailers last week.  The letter serves as a reminder to retailers of their responsibility to protect their employees and ensure a safe working environment under the General Duty Clause of …

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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…

On January 15, 2014, the Occupational Safety and Health Administration (“OSHA”) launched an online resource tool to help hospitals assess workplace safety needs, implement safety and health management systems, and enhance their safe patient handling programs.  The online resource tool was created in an effort to assist hospitals in combating their high workplace injury and illness rates –  approximately 253,700 work-related injuries and illnesses were recorded in 2012. 

OSHA has identified a hospital as the most hazardous place to work in the United States, noting that the likelihood of an injury or illness resulting in days away from work is higher in a hospital than in the construction and manufacturing industries.  Data collected from the Bureau of Labor Statistics reveals that nearly half (48 percent) of injuries resulting in days away from work in hospitals are caused by overexertion or bodily motions, such as lifting, bending, or reaching.  These motions often relate to patient handling.  OSHA notes that high injury rates increase a hospital’s overall costs, much in the form of workers’ compensation payouts and loss productivity. 
Continue Reading OSHA Launches Online Tool for Hospitals

On December 27, 2013, OSHA quietly issued a memorandum to all Regional Administrators providing compliance guidance to Compliance Safety & Health Officers (CSHO) for inspections of manufacturers and importers under the revised Hazard Communication Standard.  Specifically, the guidance is meant to provide CSHOs with criteria for determining whether classifiers (manufacturers and importers) have appropriately classified…