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OSHA Issues New Enforcement Guidance on Respiratory Protection

Earlier today, the Occupational Safety and Health Administration’s (“OSHA”) Directorate of Enforcement Programs issued a new memorandum and interim guidance (“Enforcement Guidance”) on enforcement of the respiratory protection standard, 29 CFR § 1910.134, and certain other health standards, in light of the severe shortages in respirator availability. Consistent with the agency’s March 14, 2020 enforcement … Continue Reading

Review Commission Gains Quorum After Senate Confirmations

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

OSHA Penalty Increase Effective Tomorrow

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

California Employers May Soon Have to Share Safety Plans

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

Federal OSHA Assumes Jurisdiction Over Cabin Crews Onboard Aircrafts

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

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
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