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 agency’s press release “Modernizing the Agency’s procedures and bringing it into the 21st century has been a years-long process and Chair Attwood praised the much-anticipated development, which will greatly facilitate increased efficiency in case docketing and management both inside the Agency and for the parties who appear before it.”

Previously parties before OSHRC had to file by mail, fax or through electronic mail with the consent of both parties. The new “e-file” system will allows parties to efficiently file pleadings and access dockets in cases for which they are a party. Registration is through the OSHRC website.

State workplace safety agencies raised objections to adopting federal Occupational Safety and Health Administration’s penalty increases in letters to the Department of Labor on OSHA’s interim final rule, Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustment. To read the full article, written by Nickole Winnett, click here.

In an effort to speed up claims under the Occupational Safety and Health Administration’s Whistleblower Protection Program, the Labor Department’s San Francisco region has launched a new process, called the “Expedited Case Processing Pilot.” To read the full article, written by Nickole Winnett, click here.

The Occupational Health and Safety Administration’s new campaign — “Water. Rest. Shade.” — alerts employers and workers to the hazards of working in high summer temperatures and highlights OSHA’s educational and training resources, including a free app, to help lower the risk of heat-related illnesses in the workplace. To read the full article, written by Joseph Dreesen, click here.

The first increases to Occupational Safety and Health Administration fines for violations of safety regulations since 1990 went into effect on August 1, 2016. The increases are substantial: the maximum penalties have increased by 78 percent. In addition, OSHA will adjust the amounts annually based on the Consumer Price Index. To read the full article, written by Nickole Winnett, click here.

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 rigid wrist brace.  The doctor said that the brace was not necessary but recommended that the employee continue to wear it if it was relieving the pain. The requester wanted to know whether this constituted medical treatment.

In responding, OSHA stated that the recordkeeping criteria is met if the treatment is “directed or recommended by the employer or a health care professional.” In this particular situation, because the doctor recommended the employee continue wearing the brace if it relieved pain, OSHA determined that this constituted medical treatment beyond first aid.  Since OSHA does not generally consider self-treatment or self-medication to amount to medical treatment beyond first aid, had the doctor provided no opinion on the use of the wrist brace the work-related injury would not have been recordable.

Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of Section 1904.35, which requires employers to inform employees of the right to report injuries and illnesses free from retaliation and to establish reasonable procedures for employees to report work-related injuries and illnesses.  Employers are already required to have reporting procedures, but the final rule clarified that to be reasonable, such reporting procedures must not discourage employees from reporting injuries or illnesses.

Section 1910.35 became effective August 10, 2016, however,  OSHA has delayed enforcement until November 1, 2016.  According to the agency’s news release the delayed effective date will allow OSHA “to conduct additional outreach and provide educational materials and guidance for employers.”