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OSHA Signals Its Regulatory Priorities in Fall Agenda

Twice a year, once in the spring and once in the fall, federal executive agencies, including OSHA, publish their expected rulemaking activity. Last week the Fall 2019 Unified Agenda of Regulatory and Deregulatory Actions was released. This agenda lays out the regulatory priorities of over 60 federal agencies, departments, and commissions for the next 12 … Continue Reading

NACOSH To Meet in December

The National Advisory Committee on Occupational Safety and Health (NACOSH) will hold a meeting in Washington D.C. on December 12 starting at 9:30 am. NACOSH is comprised of 12 members appointed by the Secretary of Labor who advise, consult with, and make recommendations to the Secretary of Labor on matters relating to safety and health in the workplace. The Committee meets at least … Continue Reading

Injury and Illness Rates Unchanged in 2018

Each year, the Bureau of Labor Statistics (“BLS”) conducts the Survey of Occupational Injuries and Illnesses (“SOII”), collecting a sample of data from select employers to represent all industries and sizes of establishments. From that sample, BLS calculates national injury and illnesses rates for certain industries. In 2003, the injury and illness rate for private … Continue Reading

Finally…OSHA Focuses on Leading Indicators in Safety & Health

Recently, OSHA announced its intention to hold a stakeholder meeting in Washington D.C. next month to obtain information to create tools to help employers with developing and using leading indicators for safety and  health.  OSHA has long focused on “OSHA recordables” (number of recorded work-related injuries on an employer’s OSHA 300 Log) as a way … Continue Reading

Senate Confirms Scalia as Secretary of Labor

Earlier today the Senate confirmed, 53-to-44 , Eugene Scalia, son of late Supreme Court Justice Antonin Scalia, as the next Secretary of Labor. Scalia replaces former Alexander Acosta who resigned in July under mounting pressure due to his involvement in a 2008 plea deal involving Jeffrey Epstein.  Scalia has prior experience with the Department of Labor where … Continue Reading

Scalia Nomination Clears Senate HELP Committee

This morning the Senate Health, Education, Labor and Pensions (HELP) Committee voted 12-11 along party lines to approve Eugene Scalia’s nomination as Secretary of Labor.  The vote came five days after his confirmation hearing before the HELP Committee on September 19, 2019. This vote advances his nomination to the full Senate where it is expected to … Continue Reading

OSHA Takes Steps to Revise Silica Standard for Construction

On July 29th OSHA submitted a draft Request for Information (RFI) to the Office of Management and Budget (OMB) regarding Table 1 in OSHA’s construction standard for silica. If approved by OMB, OSHA intends to issue the RFI in the Federal Register to determine if revisions to Table 1 may be appropriate. On March 25, … Continue Reading

Trump to Nominate Gene Scalia as Secretary of Labor

On July 18th President Trump announced his intention to nominate Eugene Scalia to replace former Secretary of Labor Alexander Acosta.  Gene Scalia is the son of late Supreme Court Justice Antonin Scalia.  In 2002, following an appointment by former President George W. Bush, Gene Scalia served as solicitor of the Department of Labor. Mr. Scalia … Continue Reading

Secretary of Labor Alex Acosta Resigns

This morning President Trump announced Labor Secretary Alex Acosta’s resignation.  Secretary Acosta resigned under mounting pressure due to his involvement in a 2008 plea deal involving Jeffrey Epstein. Patrick Pizzella, who is the current Deputy Secretary of Labor, will become the Acting Secretary of Labor. Pizzella served as Assistant Secretary of Labor for Administration and Management … Continue Reading

House Pushes OSHA to Create a Standard Concerning Workplace Violence in the Healthcare Sector

Members of the House of Representatives recently introduced legislation that would require the Department of Labor (“DOL”) to promulgate a standard addressing workplace violence in the healthcare and social service industries. Under the bill, the standard would need to include requirements for employers in the healthcare and social service industries to develop comprehensive plans protecting … Continue Reading

Review Commission Down to One Commissioner. With No Quorum, Decisions Come to a Halt.

In 2018 and the early part of 2019, there has been a flurry of interesting decisions from the Occupational Safety and Health Review Commission (“Commission”). The decisions have ranged from a case clarifying Secretary of Labor’s burden for a repeat citation to two decisions on the general duty clause, one sustaining a citation involving workplace … Continue Reading

OSHA Requests Information for Use of Powered Industrial Trucks in Maritime, Construction and General Industry

On March 11, 2019, OSHA issued a Request for Information (RFI) in the Federal Register seeking comments and information from stakeholders regarding the use of powered industrial trucks (PITs) for maritime (1915.120, 1917.43, 1918.65) construction, (1926.602(c), (d)), and general industries (1910.178). OSHA is considering revising current standards regarding powered industrial trucks and this information will … Continue Reading

Starting January 24th Employers Face Higher OSHA Penalties

Despite no federal funding, it appears that the Office of Federal Register is operational.  Today, the Federal Register published the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019. This final rule increases civil penalties the Department of Labor assesses including those assessed by OSHA.  The rule is effective today and the increased penalty … Continue Reading

Reminder to Employers to Post and Electronically File 300A Forms

For employers who are required to maintain work-related injury and illness records, its that time of year again. Employers covered by OSHA’s recordkeeping rule are required to prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” beginning February 1 and keep the form posted until April 30.  The form must be posted … Continue Reading

OIG Continues Criticism of OSHA’s Severe Reporting Initiative

In September, the Office of Inspector General (OIG) issued a draft report criticizing OSHA for not having appropriate controls in place to ensure employers report severe injuries and abate hazards. The September OIG report recommended to OSHA that the agency develop formal guidance and train staff on how to detect and prevent underreporting, consistently issue … Continue Reading

11th Circuit Deals Blow to OSHA’s Inspection Authority

Last week the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s order quashing an administrative warrant for the inspection of a poultry processing plant. USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018). In February 2016, an employee of Mar-Jac Poultry, Inc. (“Mar-Jac”) was injured while repairing an electrical panel requiring … Continue Reading

Another Low Employer Response Rate on Electronic Submission of 300A Forms

A recent Bloomberg Environment article reported that “Almost Half of Employers Didn’t Comply With Injury Reporting Rule.” Employers required to maintain injury and illness records were required to submit their 2017 annual summary of workplace injury and illnesses, OSHA 300A Form, by July 1, 2018. Approximately 460,192 employers were expected to file the 300A Form, but only … Continue Reading

OIG to OSHA “Improve Guidance for Fatality and Severe Injury Reporting”

Three years after introducing new severe injury reporting requirements that require employers to report any work-related amputation, in-patient hospitalization, or loss of an eye to OSHA within 24 hours of the incident, and fatalities within 8 hours, the Office of the Inspector General (OIG) conducted an audit to determine if OSHA had effectively implemented these … Continue Reading

Group Asks Court to Require OSHA to Electronically Accept OSHA 300 Logs and 301 Forms

In response to OSHA’s announcement in May this year that the agency would not require the electronic submission of 300 Logs or 301 Forms for employers with establishments of 250 or more employees, Public Citizen,  a consumer rights advocacy group, filed a lawsuit in the U.S. District Court for the District of Columbia challenging OSHA’s suspension of the requirement to … Continue Reading

OSHA’s Revised “Improve Tracking of Workplace Injuries and Illnesses Regulation” at OMB for Review

OSHA is a step closer to publishing a proposed rule revising the Obama-era regulation,  Improve Tracking of Workplace Injuries and Illnesses.  OSHA’s proposal has been submitted to the Office of Management and Budget (OMB) for review under Executive Order 12866.  This is the final internal review before the proposal gets published in the Federal Register and signals … Continue Reading

OSHA Issues Notice of Proposed Rulemaking for Crane Operator Certification – Shifting the Original Intent of the Negotiated Rulemaking Committee

In August 2010 OSHA issued the final cranes and derricks in construction standard, 1926 – Subpart CC. As part of that standard, crane operators were required to either be certified or qualified (depending on the option elected by an employer) by November 10, 2014. 29 C.F.R. § 1926.1427(k).  On February 10, 2014, OSHA proposed a … Continue Reading

OSHA Clarifies That Employers in State Plans Must Submit Injury & Illness Data

In a news release issued today, OSHA notified employers in state plans that they must submit their injury and illness data through OSHA’s portal even if their state has not yet adopted the new requirements of the “Improve Tracking of Workplace Injuries and Illnesses” regulation. According to OSHA, “[the agency] determined that Section 18(c)(7) of the … Continue Reading
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