Managing OSHA Blog

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In one of the Trump administration’s first official acts, White House Chief of Staff Reince Priebus issued a memorandum on January 20, 2017 implementing an immediate freeze on all pending regulations until they have been reviewed and further action has been approved.
On December 29, 2016, a three-judge panel from the US Court of Appeals for the Fifth Circuit unanimously vacated two OSHA citation items issued to a Delek Refining Ltd. (“Delek”) facility for alleged safety violations that occurred years prior to its ownership of the refinery.
PSM STANDARD – Recent Fifth Circuit opinion limits OSHA’s power to issue citations for failing to address PHA and audit findings.
In a major blow to OSHA’s ongoing efforts to modify existing safety and health standards through informal agency guidance, a unanimous panel of federal judges recently invalidated a July 2015 OSHA memorandum that had significantly narrowed the PSM standard’s retail facility exemption.
When the Occupational Safety and Health Administration issues a “Citation and Notification of Penalty,” employers should always begin evaluating the potential financial impact the OSHA citation could have on the company.
OSHA substantially revised the 1994 Hazard Communication Standard in 2012 and by June 1, 2015 most employers have to be in full compliance with the new requirements.
In its budget proposal for Fiscal Year 2016, the Obama Administration has asked Congress to increase civil penalties for violations of the Occupational Safety and Health Act. As the proposal notes, OSH Act civil penalties have been increased only once since the law was passed 44 years ago.
In addition to reporting all employee fatalities within eight hours, employers will now also have to report work-related in-patient hospitalizations of one or more employees, amputations, and physical eye loss within 24 hours of the incident.
Recent OSHA activity indicates the agency will soon unveil its proposed rule to make recordkeeping violations “continuing” for purposes of OSHA’s six-month statute of limitations (SOL).
According to an OSHA Letter of Interpretation (the “Sallman Letter”), employees at a workplace without a collective bargaining agreement may designate a person affiliated with a union to act as their “personal representative” for OSH Act purposes.
On September 11, 2014, OSHA announced new requirements for the severe injury reporting rule. Employers will now be required to notify OSHA of all work-related in-patient hospitalizations, amputations and eye loss within 24 hours of their occurrence.
OSHA and the National Labor Relations Board (NLRB) have reached an agreement where OSHA will now refer untimely retaliation claims from its Whistleblower Division to the NLRB for review.
webinar on the possible changes to the EPA RMP rule (40 CFR 68)
On June 26, 2014, Arent Fox OSHA Group leader, Mark Dreux, and AcuTech Group, Inc. Technical Manager, Michael Hazzan, presented a webinar on the recommended changes to the PSM Standard and RMP Rule from the Executive Order 13650 Working Group.
Join Arent Fox OSHA practice leader, Mark S. Dreux, along with AcuTech Group, Inc. Technical Manager, Michael Hazzan, as they lead a webinar discussing the May 2014 progress report issued to the President by the working group of six federal agencies.
OSHA's recent policy on employee discipline for violating safety and health rules undercuts the use of such discipline and encourages employees to consider possible claims for retaliation.
This past year, OSHA launched an enforcement initiative focused on improving safety for temporary workers.
In a press release today, OSHA announced that the comment period for the Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silica will be extended 15 days from the original deadline of January 27, 2014 to February 11, 2014.
Recently, OSHA launched a high-profile effort to address its permissible exposure levels (PELs) for chemicals in the workplace.  OSHA last attempted to update its PELs – which are over four decades old – via a rulemaking in 1989.