At a recent American Bar Association meeting, Dorothy Dougherty, Acting Assistant Secretary of Labor for OSHA and Tom Galassi, Acting Deputy Assistant Secretary of Labor for OSHA both noted that while there has been a change in the Presidency and political administration, OSHA is moving along uninterrupted, for now. Galassi noted that the agency will
OSHA’s Volks Rule Overturned by Congressional Review Act
Late today, the Senate voted 50-48 to adopt H.J. Res 83, nullifying OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as the “Volks” rule. The “Volks” rule made recordkeeping requirements a continuing obligation and effectively gave OSHA the ability to
EHS on Tap – Update on OSHA’s Electronic Recordkeeping Rule
I recently had the chance to participate in a podcast for BLR’s EHS on Tap…listen in as we discuss the status of OSHA’s Electronic Recordkeeping rule.
OSHA Releases “Recommended Practices for Anti-Retaliation Programs”
Last week OSHA announced the release of its “Recommended Practices for Anti-Retaliations Programs.” The publication is “intended to assist employers in creating workplaces that are free of retaliation … This document is advisory in nature and informational in content. It is not mandatory for employers, and does not interpret or create legal obligations.” Another caveat
OSHA Penalties Go Up…Yes, Again
In August 2016 we reported on the substantial increases to OSHA fines for violations of safety and health regulations as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (Sec. 701 of Public Law 114-74). This law allowed OSHA a one-time “catch-up” adjustment for civil penalties followed by annual increases in
Happy Holidays from OSHA…Recordkeeping Violations Continue for 5 Years
As a parting gift, OSHA has issued one of its last final rules for this administration, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness.” 81 Fed. Reg. 91792 (December 19, 2016). The final rule amends the OSHA recordkeeping regulations to clarify that the duty to make
OSHA Requests Information on Prevention of Workplace Violence in Healthcare and Social Assistance
In the face of mounting evidence of the widespread extent of workplace violence in the healthcare and social assistance sector, OSHA announced in the Federal Register on December 7th, 2016, that it is assessing the need for “a standard aimed at preventing workplace violence in healthcare and social assistance workplaces perpetrated by patients
Court Denies Preliminary Injunction Request in Legal Challenge to OSHA’s Electronic Recordkeeping Rule
In July 2016, several trade associations and others (“plaintiffs”) filed suit against OSHA challenging the agency’s anti-retaliation provisions in the final rule, Improve Tracking of Workplace Injuries and Illnesses (81 Fed. Reg. 29,624) (May 12, 2016). The legal challenge alleged the final rule exceeded OSHA’s statutory authority, violated the Administrative Procedures Act and the Occupational
Dr. Michaels To Leave OSHA in January
Dr. Michaels, an epidemiologist and professor at George Washington University School of Public Health, was appointed as the 12th Assistant Secretary of Labor for Occupational Safety and Health in December, 2009. Having served seven years with OSHA, Dr. Michaels is the longest serving Assistant Secretary.
Dr. Michaels recently announced that he would be returning to
OSHA’s 2016 Top Ten Violations
OSHA recently released its preliminary annual list of the top ten safety and health violations cited for fiscal year 2016. While not anticipated to change much, a more final list will be completed closer to the end of 2016. In descending order, these are:
- Fall protection (Construction) – 1926.501 – violations are generally for failing