Archives: OSHA Rulemaking

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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

OSHA Agrees to Further Extension for Anti-retaliation Provisions

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

Possible Further Extension on Anti-Retaliation Provisions (Incentive & Drug Testing Policies)

Last week a federal judge requested that OSHA agree to further extend the November 1st effective date for the anti-retaliation provisions in OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. In May 2016, OSHA published the final rule requiring electronic submission of Part 1904 recordkeeping records to OSHA depending on the … Continue Reading

OSHA’s Walking-Working Surfaces Final Rule Expected Soon

Last week, OSHA’s proposed rule for Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems) in General Industry (Subpart D and Subpart I) cleared the White House Office of Management and Budget (OMB), signaling the forthcoming final publication by OSHA. This rule has been in the making since 1990 when OSHA originally issued the proposed … Continue Reading

OSHA Issues Report on the Impact of the Severe Injury Reporting Program

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

OSHA Issues New Spring Regulatory Agenda

It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. On May 18, 2016 the spring semiannual regulatory agenda for federal agencies 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 regulatory … Continue Reading

OSHA’s Withdrawal of Slips, Trips and Falls Rule May Harm Defenses to Citations

OSHA first proposed a rule on Slips, Trips and Falls in 1990.  Since that time, many employers have taken advantage of this proposed rule in making certain arguments related to Citations issued under Subpart D, the Walking-Working Surfaces regulations.  If you never used this argument, you may be wondering how a proposed rule could help … Continue Reading

OSHA Anticipates Issuing Several New Final Rules in Early 2016

On November 20, 2015 the fall semiannual regulatory agenda for federal agencies 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 regulatory actions for over 60 federal departments, agencies, and commissions. The regulatory agenda for the Department of Labor … Continue Reading

OSHA Law Blog Live: Increased Penalties for Employers, Electronic Recordkeeping Proposed Rule Almost Final

Season 1, Episode 2- 8 mins 54 sec This podcast covers two major developments in workplace safety health and law: 1). OSHA is increasing employer penalties for the first time in 25 years. 2). OSHA’s proposed electronic recordkeeping rule is almost final. Be sure to listen to this quick podcast to find out the latest … Continue Reading

OSHA Request Public Comment on Whistleblower Guidance Document

Recognizing that “an ounce of prevention is worth a pound of cure”, OSHA introduced last week its draft document, “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation” (available here).  In the draft document, OSHA identifies these five key steps to creating an effective anti-retaliation program: Ensure leadership commitment Foster an anti-retaliation culture … Continue Reading

OSHA Moves Closer to Finalizing “Improve Tracking of Workplace Injuries and Illnesses” (Electronic Recordkeeping) Rule

On October 5, 2015, OSHA submitted to the Office of Information and Regulatory Affairs (OIRA), a draft final rule for OSHA’s “Improve Tracking of Workplace Injuries and Illnesses.”  OIRA is the division within the President’s Office of Management and Budget (OMB) that reviews draft and final standards and regulations. Under Executive Order, all significant regulatory actions require OIRA … Continue Reading

Draft DOL Policy Lists ‘Economic Realities’ as Key OSHA Test of Joint Employer Status

Many more franchisors are likely to be judged to have a joint employer relationship with franchisees, subjecting them to enforcement by the Occupational Safety and Health Administration, under a draft policy reported to be circulating within the Department of Labor (DOL). To read the full article, written by Tressi Cordaro, click here.… Continue Reading
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