Archives: OSHA Rulemaking

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Delays Again for Crane Operator Certification for Construction Industry

In June we reported that OSHA intended to propose an extension of the November 10, 2017 compliance date for certification of crane operators.  Last Thursday, November 9th, OSHA made it official, announcing in the Federal Register that the deadline for employers to ensure crane operators in the construction industry are certified/qualified has been pushed back … Continue Reading

OSHA Still Considering Revising Electronic Recordkeeping Rule

Authored by Ray Perez  With the December 1, 2017 deadline fast approaching for covered employers to electronically submit injury and illness records to OSHA, the Agency has indicated that it is close to completing its review to the Obama-era Improve Tracking of Workplace Injuries and Illnesses final rule.  In a Status Report filed on October … Continue Reading

OSHA Proposes to Extend Crane Operator Certification Requirement

In 2010 OSHA promulgated a final rule regulating cranes and derricks in the construction industry, Cranes and Derricks in Construction, Subpart CC (29 C.F.R. 1926.1400, et al.). Shortly after the final rule was issued OSHA published the Small Entity Compliance Guide on the new standard. Portions of the agency’s guidance created considerable conflict between OSHA and stakeholders involved in the … Continue Reading

OSHA Launches Injury Tracking Application

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

OSHA Launches New Website for Electronically Filing Injury and Illness Reports

The Occupational Safety and Health Administration’s new electronic portal, the Injury Tracking Application (ITA), where employers can file web-based reports of workplace injuries or illnesses, will be accessible beginning August 1, 2017. Under OSHA’s electronic recordkeeping rule, covered companies with at least 250 employees must submit information electronically from: OSHA Form 300 (Log of Work-Related … Continue Reading

Rules to Come? Future Regulatory Agenda for OSHA

It’s that time of year again…when the federal government tells the regulated community what types of rulemaking initiatives that various agencies are undertaking for the year. Today, the semiannual regulatory agenda was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers … Continue Reading

OSHA Exempts Monorail Hoists from Cranes and Derricks Regulations

The Occupational Safety and Health Administration has issued a new enforcement policy that excludes monorail hoists from regulations on cranes and derricks in constructions. Stakeholders had argued that monorail hoists are not the same as cranes and derricks in construction, pointing out that these hoists are attached to fixed monorails mounted on trucks, trailers, scaffolding … Continue Reading

OSHA Fall Protection Rule Raises Questions Over ‘Temporary, Relatively Infrequent’ Work

New questions are emerging about key provisions the Occupational Safety and Health Administration’s updated rule to prevent falls. Effective January 17, 2017, the final rule updating OSHA’s general industry Walking-Working Surfaces standards permits certain work near the edge of low-slope roofs without fall protection systems, as long as the work is “temporary, relatively infrequent.”  To … Continue Reading

OSHA Considers Extending Crane Certification Deadline

The Advisory Committee on Construction Safety and Health (ACCSH) of the Occupational Safety and Health Administration met on June 20, 2017, to learn about and give recommendations on OSHA’s proposed rule to extend the enforcement date for crane operator certification requirements of the revised Crane Standard, 29 C.F.R. 1926 Subpart CC, issued in 2010.  Click … Continue Reading

Beryllium Exposure Rule Going Through Changes, OSHA Admits

The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told safety specialists, as reported by Bloomberg BNA. The final rule took effect on May 20, 2017, and employers must comply with most of … Continue Reading

OSHA Beryllium Rule Lowering Exposure Limits Takes Effect, But It Faces Uncertain Future

Regulation from the Occupational Safety and Health Administration to reduce worker exposures to beryllium “to prevent chronic beryllium disease and lung cancer” took effect on May 20, 2017. An OSHA spokesperson said on May 22, however, that the agency received a petition to stay the effective date, which it is reviewing. The spokesperson pointed out … Continue Reading

OSHA Delays Silica Rule for Construction Industry

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

It’s Official…OSHA’s “Volks” Rule is Invalidated

Yesterday President Trump signed H.J. Res 83, which finalized the Congressional Review Act (“CRA”) process and nullified OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as the “Volks” rule. Under the CRA once the joint resolution of disapproval of the rule is signed by the … Continue Reading

OSHA’s Volks Rule Overturned by Congressional Review Act

Late today, the Senate voted 50-48 to adopt H.J. Res 83, nullifying OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as the “Volks” rule. The “Volks” rule made recordkeeping requirements a continuing obligation and effectively gave OSHA the ability to issue citations to employers for … Continue Reading

House of Representatives Votes to Block OSHA Recordkeeping Rule

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

Effective Date of Beryllium Rule Delayed Again

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

Signs that OSHA Priorities are Shifting Under the Trump Administration?

There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule.  As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data with OSHA as well as heightens scrutiny related to both drug testing and safety incentive programs.  The Volks Rule essentially reversed the decision held in AKM … Continue Reading

OSHA Penalties Go Up…Yes, Again

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

Farewell Dr. Michaels

Dr. David Michaels, the Assistant Secretary for OSHA, announced that today, January 10th, would be his last day with the agency.  He will be returning to academia at George Washington University beginning January 17th.  And, on this last day, he continued what has been a very aggressive regulatory agenda by announcing that he was accepting a coalition of unions’ … Continue Reading

Happy Holidays from OSHA…Recordkeeping Violations Continue for 5 Years

As a parting gift, OSHA has issued one of its last final rules for this administration, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness.” 81 Fed. Reg. 91792 (December 19, 2016). The final rule amends the OSHA recordkeeping regulations to clarify that the duty to make … Continue Reading

OSHA Requests Information on Prevention of Workplace Violence in Healthcare and Social Assistance

In the face of mounting evidence of the widespread extent of workplace violence in the healthcare and social assistance sector, OSHA announced in the Federal Register on December 7th, 2016, that it is assessing the need for “a standard aimed at preventing workplace violence in healthcare and social assistance workplaces perpetrated by patients or clients.”  … Continue Reading

OSHA Finally Issues Walking-Working Surfaces Rule

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
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