OSHA Enforcement

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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,…

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…

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…

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,…

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 Classification and Labelling of Chemicals.  The policy provided in the memorandum will not exceed two years.

This memorandum appears to be in response to concerns raised by several trade groups that they needed until June 2017 to comply with the SDS and labeling requirements because they had not received classification and SDS information from upstream suppliers of raw materials in enough time to meet the current deadline.  While it denied the trade groups’ petition to formally modify the compliance date, OSHA indicates in the February 9, 2015 memorandum that it will not issue a citation against manufacturers, importer or distributors if they have exercised “reasonable diligence” and “good faith” to classify and label their chemical mixtures in accordance with the 2012 HCS requirements and if the mixture’s material safety data sheets and labels comply with the 1994 HCS requirements.

Whether the manufacturer, importer, or distributor exercised reasonable diligence and good faith will be determined by the compliance officers and their supervisors, after considering a host of factors designed to ensure that they attempted to meet the June 1, 2015 effective date. 
Continue Reading OSHA Issues Enforcement Guidance for Hazard Communication Standard

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.  …

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…

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…

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. § 1910.147(c)(6). The periodic inspection must be performed by an “authorized employee” other than the one(s) utilizing the procedures being inspected.

The periodic inspection shall include a review between the inspector and each authorized employee of that employee’s responsibilities under the energy control procedures and of the limitations of the tagout systems, if used, as provided for in 29 C.F.R. § 1910.147(c)(7)(ii).

The employer is required to certify that that the periodic inspections were performed. The certification shall identify (1) the machine or equipment on which the energy control procedure was being utilized; (2) the date of the inspection; (3) the employees included in the inspection; and (4)the person performing the inspection.Continue Reading Part 3: Will Your LOTO Program Stand Up to An OSHA Inspection?

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 the top ten frequently cited standards issued by OSHA over the last several years.  Small or unsophisticated employers are not the only ones at risk for receiving citations for LOTO issues.  So, as spring approaches (eventually), it is a good time to do a little bit of “spring cleaning” with respect to your LOTO Program to ensure that if OSHA shows up at your worksite, you can feel confident that your program meets the necessary requirements and you have significantly reduced your risk for receiving a citation. 

Over the next few days, we will address some of the key questions you can be asking while evaluating your LOTO program.   
Continue Reading Part 1: Will Your LOTO Program Stand Up to an OSHA Inspection?