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Nomination for Assistant Secretary of Labor for OSHA Expected Soon

It is widely anticipated that President Trump’s announcement of Scott Mugno as his nominee for  the position of Assistant Secretary of Labor for the Occupational Safety and Health Administration (OSHA) is imminent – a position temporarily being filled by Loren Sweatt, the Deputy Assistant Secretary.  Scott Mugno is the VP of Safety, Sustainability and Vehicle … 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 Injury Tracking Application Up & Running

On August 16th we reported that OSHA had suspended user access to its new Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information under OSHA’s “Improve Tracking of Workforce Injuries and Illnesses” rule.  The suspension followed a warning by the Department of Homeland Security alerting OSHA … Continue Reading

OSHA Announces Top Ten Violations

OSHA recently released the top ten violations for fiscal year 2017, which ended September 30.  Generally, this list does not change much from year to year with the top three violations always being fall protection, hazard communication and scaffolding. OSHA noted that not all violations had been added to its reporting system but that the … Continue Reading

OSHA Announces Enforcement Policy for Construction Silica Standard

In a memorandum issued today from Thomas Galassi, Acting Deputy Assistant Secretary to OSHA Regional Administrators, OSHA has announced how it will handle enforcement of the new Silica Standard for the construction industry, which takes effect on September 23, 2017. For the first 30 days of enforcement OSHA will not issue citations to those employers … 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 Suspends ITA Due to Security Breach

On Monday we blogged about the availability of the new OSHA Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information (300 Logs, 301 Forms and 300A Forms) under OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” rule (aka Electronic Recordkeeping rule).  Yesterday, OSHA suspended user access to … Continue Reading

OSHA Proposes to Delay Electronic Submission of Recordkeeping Forms Until December

As part of the final rule, Improve Tracking of Workplace Injuries and Illness, issued in May 2016, employers  had a phased in compliance deadline for the electronic submission of recordkeeping forms.  For 2017, employers with establishments with 250 or more employees and establishments with less than 250 employees but 20 or more in certain high-risk industries were … Continue Reading

OSHA Staying the Course…for now…

At a recent American Bar Association meeting, Dorothy Dougherty, Acting Assistant Secretary of Labor for OSHA and Tom Galassi, Acting Deputy Assistant Secretary of Labor for OSHA both noted that while there has been a change in the Presidency and political administration, OSHA is moving along uninterrupted, for now.   Galassi noted that the agency will … 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

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

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

Are You Ready for California’s Workplace Violence Prevention in Health Care Rule?

By April 1, 2017, all employers in California operating in the following areas will be required to comply with Section 3342, the Workplace Violence Prevention in Health Care rule:  health care facilities; home health care programs; drug treatment programs; emergency medical services; and outpatient medical services to correctional and detention settings.  This rule is far more expansive than Federal … Continue Reading

Court Denies Preliminary Injunction Request in Legal Challenge to OSHA’s Electronic Recordkeeping Rule

In July 2016, several trade associations and others (“plaintiffs”) filed suit against OSHA challenging the agency’s anti-retaliation provisions in the final rule, Improve Tracking of Workplace Injuries and Illnesses (81 Fed. Reg. 29,624) (May 12, 2016). The legal challenge alleged the final rule exceeded OSHA’s statutory authority, violated the Administrative Procedures Act and the Occupational … Continue Reading

OSHA Quietly Issues Guidance on Incentive Programs, Disciplinary Programs and Drug-Testing Programs

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

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

California’s New Law Requires Cal/OSHA To Provide Copies of Citations Issued To Contractors to The Contractor’s State Licensing Board

On September 15, 2016, Governor Brown approved Senate Bill 465 which requires the California Division of Occupational Safety and Health, after consultation with the California Contractors’ State Licensing Board, to transmit to the Board copies of any citations or other actions taken by the Division against a contractor. Existing law allows the Board to license, … Continue Reading

The Review Commission (OSHRC) Announces New E-File System

The U.S. Occupational Safety & Health Review Commission (OSHRC) is the Federal agency that adjudicates contested OSHA citations between employers and the Occupational Safety & Health Administration (OSHA). On September 1, 2016 OSHRC announced the availability of “electronic filing and service of litigation documents” before the Occupational Safety and Health Review Commission. According to the … Continue Reading
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