OSHA Enforcement

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In moves designed to enhance the effectiveness of its enforcement activities, OSHA has unveiled a new “Severe Violator Enforcement Program” and a memorandum to Regional Administrators that has the effect of increasing penalties for employers receiving citations. These enhancements are further evidence of OSHA’s emphasis on enforcement and all employers must take note.

Severe Violator Enforcement …

In a recently issued memorandum to Regional Administrators and State Plan Designees, OSHA has clarified its policy for citing the general industry personal protective equipment (PPE) standard, 29 CFR 1910.132(a), for failure to provide and use flame resistant clothing (FRC) in oil and gas well drilling, servicing, and production-related operations.  In the March 19 memorandum, OSHA provides…

OSHA has embarked on a new National Emphasis Program (NEP) targeting hexavalent chromium in the workplace, along with other toxic substances found in conjunction with hexavalent chromium.  OSHA’s intent with the NEP is to "target workplaces with occupational exposures to hexavalent chromium" and certain other toxic substances (e.g., antimony, arsenic, cadmium, lead, iron oxide) to encourage compliance with applicable standards. …

The Occupational Safety and Health Administration has released a list of about 15,000 workplaces with the highest numbers of injuries and illnesses in the nation for their industries, based on OSHA’s most recent survey. The agency stated that it has sent a letter to these workplaces, along with copies of their injury and illness data, and a…

As of January 27, 2010, OSHA’s State Plan webpage is reporting that all State Plan States have indicated an intent to adopt OSHA’s Recordkeeping National Emphasis Program (NEP). (OSHA will continually update the webpage as it gathers additional information from the State Plan States regarding adoption.)  OSHA launched the NEP, effective September 30, to ascertain…

In 2009, OSHA emerged from the regulatory and enforcement shell that had shrouded it during the eight years of the Bush Administration. Once confirmed, Secretary of Labor Hilda Solis announced that a “new Sheriff” was in town, who would refocus the Department of Labor – including OSHA – on tough enforcement and aggressive rulemaking. In both areas, OSHA…

The Government Accountability Office (GAO) has released an analysis of OSHA’s efforts to ensure that work-related injuries and illnesses are properly recorded by employers.  Members of Congress had requested that the GAO determine (1) whether DOL verifies that employers are accurately recording workers’ injuries and illnesses and, if so, the adequacy of these efforts, and (2) what factors may affect the…

OSHA’s Recordkeeping National Emphasis Program (NEP) has been in effect for over a month and employers should be taking steps now to review their records and prepare for an NEP inspection.

Click here for an article that can assist in the preparation process.  "Are You Prepared for OSHA’s Recordkeeping National Emphasis Program?," which just appeared in Workforce Management…

Marking the federal government’s first move from a “recommendation” to a “requirement” posture in dealing with H1N1, the Occupational Safety and Health Administration (OSHA) has announced that it will issue a compliance directive to enforce the Centers for Disease Control and Prevention’s Interim Guidance on Infection Control Measures for 2009 H1N1 Influenza in Healthcare Settings…