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
OSHA Holds Public Meeting on its New Voluntary Safety and Health Program Management Guidelines
Authored by: Linda Otaigbe
On December 9, 2015 OSHA held a public meeting at the Department of Labor in Washington, D.C. to discuss its revised Safety and Health Program Management Guidelines, which are voluntary guidelines for employers. Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, led the meeting and sought input
OSHA Anticipates Issuing Several New Final Rules in Early 2016
On November 20, 2015 the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions.
The regulatory agenda for the Department of Labor
OSHA Seeks Comments on its Updated Voluntary Safety and Health Program Management Guidelines
This week OSHA announced that it is seeking public comment on its updated voluntary Safety and Health Program Management Guidelines (OSHA-2015-0018) which it hopes “will provide employers and workers with a sound, flexible framework for addressing safety and health issues in the workplace.” Comments must be received by February 15th, 2016.
The Safety
Who is Responsible for Recording Injuries and Illnesses of Temporary Workers?
OSHA is being criticized for a recent interpretation letter clarifying who is responsible for recording illnesses and injuries in what the agency considers a “joint employer relationship” where supervision is shared between a host employer and a staffing agency. In deciding whether the host employer or the staffing agency is responsible for recording injuries and
Fainting At Sight of Blood From Work-Related Injury Recordable
In a recent interpretation letter, OSHA responded to an employer’s request for “clarification on whether an employee’s laceration and subsequent fainting at the sight of blood constitutes a recordable case on the OSHA Form 300.”
The employee had scratched his finger on a vinyl saw clamp at work. The injury was minor and the only
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
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
Review Commission Overrules 34 year-old Precedent Regarding Motor Vehicles in Construction
The recent Review Commission case of Sec’y of Labor v. Lake Erie Constr. Co., OSHRC, No. 11-0146 still leaves Lake Erie Construction Company waiting for a final decision on the merits. However, the Review Commission case is already a landmark decision because it overrules a 34 year-old precedent established in the case of Gerard Leone
OSHA Moves Closer to Finalizing “Improve Tracking of Workplace Injuries and Illnesses” (Electronic Recordkeeping) Rule
On October 5, 2015, OSHA submitted to the Office of Information and Regulatory Affairs (OIRA), a draft final rule for OSHA’s “Improve Tracking of Workplace Injuries and Illnesses.” OIRA is the division within the President’s Office of Management and Budget (OMB) that reviews draft and final standards and regulations. Under Executive Order, all significant regulatory