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
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Secretary of Labor Alex Acosta Resigns
By Tressi L. Cordaro on
Posted in Uncategorized
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…
House Pushes OSHA to Create a Standard Concerning Workplace Violence in the Healthcare Sector
By Trever L. Neuroth on
Posted in Uncategorized
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…
Review Commission Down to One Commissioner. With No Quorum, Decisions Come to a Halt.
By Trever L. Neuroth on
Posted in Uncategorized
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…
OSHA Requests Information for Use of Powered Industrial Trucks in Maritime, Construction and General Industry
By Tressi L. Cordaro on
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…
Starting January 24th Employers Face Higher OSHA Penalties
By Tressi L. Cordaro on
Posted in Uncategorized
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…
Reminder to Employers to Post and Electronically File 300A Forms
By Tressi L. Cordaro on
Posted in Uncategorized
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…
OSHA Penalties Increasing Once the Government Reopens
By Tressi L. Cordaro on
Posted in OSHA Enforcement, Uncategorized
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…
OIG Continues Criticism of OSHA’s Severe Reporting Initiative
By Tressi L. Cordaro on
Posted in Uncategorized
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…
11th Circuit Deals Blow to OSHA’s Inspection Authority
By Tressi L. Cordaro on
Posted in OSHA Enforcement, Uncategorized
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…