After Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act in 2015, it has now become an annual requirement for the U.S. Department of Labor to adjust civil penalty amounts for the various laws it enforces using cost-of-living adjustments to account for inflation. According to the Act, the purpose of these annual adjustments … Continue Reading
President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunners. He has promised to be “the most pro-union president … Continue Reading
A manufacturers’ association and several employers have filed a lawsuit to enjoin Virginia’s Emergency Temporary Standard for Infectious Disease Prevention related to COVID-19, which the Virginia Safety and Health Codes Board adopted on July 15, 2020. To read the entire article, please click here.… Continue Reading
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind. To read the full article, click here.… Continue Reading
In Virginia, Occupational Safety and Health Administration (OSHA) citations can get dismissed if the agency delays too long. Virginia Occupational Safety and Health (VOSH) enforces occupational safety and health laws on behalf of OSHA in Virginia. VOSH covers most private employers in Virginia, as well as all state and local employees. Unlike in other states, … Continue Reading
On April 16, 2020, OSHA issued an Enforcement Memorandum directed to Regional Administrators and State Plan Designees giving them Discretion in Enforcement when Considering an Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic. Under the Memo, OSHA acknowledges that some “employers may face difficulties complying with OSHA standards due to the ongoing … Continue Reading
On April 13, 2020, the Occupational Safety and Health Administration (“OSHA”) announced an Interim Enforcement Response Plan for Coronavirus Disease 2019 (“COVID-19”) related complaints, referrals, and severe illness reports. While OSHA has issued several enforcement memorandums on COVID-19 related issues in recent weeks, this guidance is specifically directed to OSHA’s Area Offices on conducting investigations … Continue Reading
Due to the evolving coronavirus (“COVID-19”) pandemic and emergence of outbreaks across the country, there have been widespread reports of critical shortages of personal protective equipment (“PPE”), such as masks, face shields, and gowns. OSHA previously issued guidance, including an April 3, 2020 memorandum and interim guidance and a March 14, 2020 enforcement memorandum, which alleviated some … Continue Reading
While the Occupational Safety and Health Administration (OSHA) and some states have offered guidance to prevent employee exposure to COVID-19, Los Angeles, the state of New York, and New York City are enforcing more restrictive measures for construction sites. Based on guidance from the U.S. Centers for Disease Control and Prevention (CDC), the Los Angeles … Continue Reading
Earlier today, the Occupational Safety and Health Administration’s (“OSHA”) Directorate of Enforcement Programs issued a new memorandum and interim guidance (“Enforcement Guidance”) on enforcement of the respiratory protection standard, 29 CFR § 1910.134, and certain other health standards, in light of the severe shortages in respirator availability. Consistent with the agency’s March 14, 2020 enforcement … Continue Reading
You might be surprised to learn that the Occupational Safety and Health Administration (OSHA) enforces 22 different whistleblower protection laws. This includes laws governing workplace safety and health at construction, manufacturing, energy generation or distribution and other worksites. It also includes a broad array of laws that regulate hazards and prohibited activities specific to airlines, … Continue Reading
OSHA recently issued an internal memorandum outlining enforcement guidance for some of the 2012 Hazard Communication Standard’s (HCS) requirements effective on June 1, 2015—namely, the requirement that chemical manufacturers, importers and distributors must develop and use safety data sheets (SDSs) and labels for their chemical mixtures that align with the UN Globally Harmonized System of … Continue Reading
OSHA recently announced the preliminary Top 10 most frequently cited violations for fiscal year 2014. The Top 10 list remains virtually unchanged from years prior. For FY 2015, employers should spend some extra time reviewing their workplace safety programs under the Top 10 most frequently cited standards to ensure their compliance with the OSHA requirements. A focus … Continue Reading
The National Labor Relations Board issued Memoradum OM 14-77 on August 8, 2014, informing all regional directors and resident officers that they should notify parties of their right to file a complaint with OSHA if they believe that an employer may have violated a health or safety standard or an anti-retaliation provision of the Occupational Safety and … Continue Reading
The Occupational Safety and Health Administration (“OSHA”) recently entered into a Memorandum of Understanding (“MOU”) with the Federal Motor Carrier Safety Administration (“FMCSA”). The MOU is intended to facilitate coordination and cooperation between the two agencies when enforcing the anti-retaliation provision of the Surface Transportation Assistance Act (“STAA”), 49 U.S.C. § 31105, and the anti-coercion … Continue Reading
In the last installment of this LOTO series, we address the periodic inspections and training requirements. Are We Performing Periodic Inspections? Employers are required to conduct periodic inspections of their energy control procedures at least annually to ensure that they are being effectively implemented and to correct any deviations or inadequacies. 29 C.F.R. § … Continue Reading
It seems that just about every week the Occupational Safety and Health Administration (“OSHA”) issues citations to another employer for its alleged failure to implement the requirements under the Control of Hazardous Energy standard, 29 C.F.R. § 1910.147 (better known as the Lockout/Tagout (“LOTO”) standard). In fact, the LOTO standard has consistently been one of … Continue Reading
OSHA recently launched an initiative that focuses on protecting temporary employees from recognized workplace hazards. Under this initiative, OSHA is directing all OSHA compliance officers to assess whether employers who use temporary workers are complying with their responsibilities under the Occupational Safety and Health Act of 1970. For purposes of this initiative, temporary workers are … Continue Reading
As a cold winter finally comes to an end, many of us look forward to summertime warmth. But while sun and heat may make for a fun day at the beach, they can spell danger for workers who are exposed to soaring temperatures and a rising heat index. According to the Occupational Safety and Health … Continue Reading
OSHA’s Region III is targeting noise exposure in the workplace, as part of a Regional Emphasis Program. Federal OSHA states located in Region III include Delaware, the District of Columbia, and Pennsylvania. According to OSHA, noise “induced hearing loss is one of the most common occupational diseases and the second most self-reported occupational illness or … Continue Reading
The Occupational Safety and Health Administration plans to inspect at least 1,260 establishments under its site-specific targeting (“SST”) program for 2013. Details are here.… Continue Reading
OSHA recently issued its long-awaited regulatory agenda. The agenda is designed to provide stakeholders with notice of what major regulatory initiatives the agency is planning and the projected timetables for those initiatives. OSHA’s agenda is the first issued in several months by the agency and provides a glimpse into the regulatory priorities – in President … Continue Reading
Assistant Secretary of Labor for the Occupational Safety and Health Administration Dr. David Michaels has appointed Beth Slavet as the new director of the agency’s Whistleblower Protection Program. Ms. Slavet is an employment attorney who has specialized in representing unions, Foreign Service employees and other government workers, with a focus on whistleblower protection. Her appointment … Continue Reading
