Since April of 2019, the Occupational Safety and Health Review Commission (“Commission”) has been a panel of one. After Chairwoman Heather MacDougall resigned from the Commission on March 31, 2019 and Commission Cynthia Attwood’s term ended in April of 2019, the Commission was left with one member, Commissioner James Sullivan, Jr. In July 2019, Mr. … Continue Reading
The Inflation Adjustment Act requires the Department of Labor to annually adjust its civil monetary penalties to adjust for inflation no later than January 15 of each year. Today, the Federal Register published the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020. This final rule increases civil penalties the Department of Labor assesses including those issued by … Continue Reading
Since 1991, California employers with 10 employees or more have been required to develop written workplace injury and illness prevention plans (“IIPP”). But there is no requirement that employers share those plans with employees. That could be changing soon. In an upcoming meeting, California’s Occupational Safety and Health Standards Board (“Standards Board”) will be considering … Continue Reading
In 2013, the Federal Aviation Administration (FAA) issued a final policy statement outlining three areas that OSHA could regulate for cabin crewmembers on aircraft in operation. 78 Fed. Reg. 52848. This policy statement allows OSHA to apply its hearing conservation standard (29 C.F.R. § 1910.95), bloodborne pathogen standard (29 C.F.R. § 1910.1030), and hazard communication … Continue Reading
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
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
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
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
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
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
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
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
On July 10, 2019, U.S. House of Representatives Democrats released a bill that, if passed, would require OSHA to develop a federal standard on workplace heat stress. Under the proposed bill, OSHA would have two years to propose a heat protection standard to protect both indoor and outdoor workers. The bill requires the federal standard … Continue Reading
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
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
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
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
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
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
While much of the rest of the government is shutdown, the Department of Labor (“DOL”) is hard at work. OSHA which is an agency within DOL is one of the few agencies that is fully funded and operational. On January 15th, OSHA issued a pre-published version of its Federal Register notice for the increase in … Continue Reading
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
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
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
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
