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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

Doctor Recommendations Are Medical Treatment According to OSHA

In an April 2016 Interpretation Letter, which was recently made publically available, OSHA responded to a question about medical treatment beyond first aid for recordkeeping purposes. The incident in question involved an employee who experienced wrist pain after working at a computer.  Before being seen at the occupational health clinic, the employee bought and used a … Continue Reading

OSHA’s Big Pivot: How the New Electronic Recordkeeping Rule Impacts Injury Reporting, Prevention and Drug Testing Programs

OSHA’s long-awaited Final Rule on Electronic Recordkeeping is out and employers need to prepare for some significant new changes. During this webinar, our presenters will break down the rule to identify steps your company can take now to ensure compliance by the Rule’s most immediate effective date on August 10, 2016. Topics to be covered … Continue Reading

OSHA Issues Electronic Recordkeeping Final Rule

Today, a copy of OSHA’s final electronic rule, “Improve Tracking of Workplace Injuries and Illnesses,” was made available for public inspection prior to release in the Federal Register on May 12, 2016.  In November 2013, OSHA published a notice of proposed rulemaking to add electronic recordkeeping requirements that would require certain employers to electronically submit to OSHA … Continue Reading

Final Electronic Recordkeeping Rule Expected Soon

In November 2013, OSHA published a notice of proposed rulemaking, “Improve Tracking of Workplace Injuries and Illnesses,” to add electronic recordkeeping requirements that would require certain employers to electronically submit to OSHA injury and illness recordkeeping information on a quarterly and/or annual basis. Additionally, the proposed rule would establish a public searchable website where OSHA … Continue Reading

Injuries of Intoxicated or Drugged Employees Recordable

In a recent interpretation letter, an employer posed the following scenario and question to OSHA: As the result of a workplace accident resulting in an injury to an employee that required medical treatment, a post-accident drug and alcohol test was administered. The alcohol test revealed the injured employee was intoxicated. “Does this injury meet the exemption … Continue Reading

OSHA Reports on Findings from Severe Injury Reporting Program

As of January 1, 2015, employers have been required to report any work-related amputation, in-patient hospitalization, or loss of an eye to OSHA within 24 hours of the incident. Fatalities must be reported within 8 hours.  OSHA hoped that these requirements would have the following two consequences: The reporting requirements would allow their resources to … Continue Reading

OSHA’s Final Silica Rule Imminent

In 2010, OSHA issued a proposed rule reducing the permissible exposure level (PEL) for crystalline silica for general industry and construction.  The proposed rule cut the respirable silica PEL from 100 µg/m3  for an 8-hour time weighted average to 50 µg/m3. After public hearings and public comments were submitted on the proposed rule, OSHA finalized the … Continue Reading

OSHA Raises Fine for Reporting Violations

Shortly before OSHA’s new injury and illness reporting requirements came into effect last January, OSHA issued “Interim Enforcement Procedures for New Reporting Requirements under 29 C.F.R. 1904.39.” These interim procedures served as enforcement guidance for Area Offices and compliance officers when issuing citations to employers for failing to report injuries under the new requirements. Last … Continue Reading

Injury and Illness Recordkeeping and Reporting Requirements – Posting 300A

Reminder: IF your company is subject to OSHA’s Injury and Illness Recordkeeping and Reporting Requirements, you must post “in a common area where notices to employees are usually posted” OSHA’s Form 300A (summary of job-related illnesses and injuries) for the previous year.  The posting period runs from February 1 through April 30.  If you are … Continue Reading

Obama Administration Requests Increases in OSHA, MSHA Budgets for FY 2017

Authored by: Linda Otaigbe The Obama administration has requested an increase in funding for both the Occupational Safety and Health Administration (“OSHA”) and the Federal Mine Safety and Health Administration (“MSHA”) for fiscal year (“FY”) 2017. In the February 9, 2016 budget request, the administration proposes that OSHA receive $595 million in FY 2017, which … Continue Reading

Cal-OSHA Moves to Align with Federal OSHA Construction Fall Protection Requirements

Consistent with its edict to other state plans, the Occupational Safety and Health Administration (“OSHA”) has instructed California to bring its construction fall protection requirements into line with federal OSHA construction fall protection requirements which requires fall protection for employees working in above a height of 6 feet. Currently, California does not have specific regulations … Continue Reading

Latest OSHA News

Fatality and serious injury reporting to OSHA has expanded, but can now be done online. Under reporting rules that went into effect in January 2015, employers must notify OSHA of a work-related fatality within eight hours and of a work-related hospitalization, amputation, or loss of an eye within 24 hours. Report a Fatality or … Continue Reading

OSHA’s Final Rule on Silica Exposure Moves to OIRA Review

Secretary of Labor Thomas Perez and Dr. David Michaels announced during a conference call with non-business stakeholders on December 21st that a draft of the Occupational Safety and Health Administration’s final rule on occupational exposure of crystalline silica was sent to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for … Continue Reading

Yes…OSHA Penalties Are Going Up!

The Bipartisan Budget Act of 2015 was signed into law by President Obama on November 2, 2015. Section 701, “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015” requires OSHA to increase its civil penalties for the first time since 1990. A one-time “Catch Up Adjustment” will occur in 2016 with penalties increasing up … Continue Reading

OSHA Penalties Going Up?

The Bipartisan Budget Act of 2015 contains a few surprises for employers covered by the OSH Act. To date, OSHA’s monetary penalties have not been subject to inflationary increases and, in fact, have been static since 1990. The proposed “Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015” which applies specifically to the OSH … Continue Reading