Environmental & Safety Law Update

Category Archives: OSHA Compliance

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OSHA Adopts Changes to Electric Power Generation, Transmission, and Distribution Rules Nine Years After Proposed Rulemaking

Posted in OSHA Compliance, Training

By James L. Curtis and Craig B. Simonsen After nearly nine years since its proposed rulemaking began, including substantial controversy, hearings, and public comments, OSHA has finally adopted its 428 page updated “Electric Power Generation, Transmission, and Distribution” rules. 79 Fed. Reg. 20316 (April 11, 2014). The existing rules, now being replaced, were originally adopted in November 1972, over 40… Continue Reading

Healthcare Industry Receives New Fact Sheet on Musculoskeletal Disorders in Nursing and Residential Care Workers

Posted in OSHA Compliance

By James L. Curtis and Craig B. Simonsen OSHA recently released its Safe Patient Handling — Preventing Musculoskeletal Disorders in Nursing Homes Fact Sheet. OSHA Fact Sheet (OSHA FS-3707, 2014). OSHA, on its Healthcare webpage, indicates that more workers were injured in the healthcare and social assistance industry sector in 2010 than any other. Reviewing Bureau of Labor Statistics data,… Continue Reading

Falls in Construction: OSHA Announces “National Safety Stand-Down”

Posted in OSHA Compliance

By James L. Curtis, Mark A. Lies, II, and Craig B. Simonsen In an announcement last week, OSHA noted that falls from elevation, accounting for 269 of the 775 construction fatalities recorded in 2012, continues to be a leading cause of death for construction workers. Dr. David Michaels, The Assistant Secretary of Labor for Occupational Safety and Health explained that… Continue Reading

EPA Puts Public and Commercial Building Managers on Notice About OSHA Lead Information

Posted in Chemical Safety, Environmental Compliance, OSHA Compliance, TSCA

By James L. Curtis, Jeryl L. Olson, and Craig B. Simonsen EPA has denied a January 28, 2014, petition by various housing industry groups, requesting EPA to develop a new Toxic Substances Control Act (TSCA) section 8(d) recordkeeping rule aimed at building managers, building owners, and contractors that have or may need to disturb lead based paint in public and… Continue Reading

Straight from OSHA’s Mouth: Live from the ABA Occupational Safety and Health Law Meeting

Posted in OSHA Compliance, OSHA Enforcement, Workplace Violence

By Brent I. Clark, Meagan Newman, and Ilana R. Morady This week we are attending the ABA Occupational Safety and Health Law Meeting in Tucson, Arizona.  The Agency, the Review Commission, and the Solicitor’s Office all have numerous representatives here.  This morning, Tom Galassi, OSHA’s Directorate of Enforcement Programs (DEP) spoke about key issues in enforcement.  Some of the highlights important… Continue Reading

OSHA Publishes First in Series of Temporary Worker Initiative Guidance Documents – Injury and Illness Recordkeeping Requirements

Posted in OSHA Compliance

By Meagan Newman and Craig B. Simonsen OSHA has just announced its first in a series of guidance documents concerning compliance with safety and health requirements when temporary workers are employed under joint (or dual) employment of a staffing agency and a host employer. TWI Bulletin No. 1. We had blogged previously about Administrator David Michaels recent op-ed piece on… Continue Reading

Michaels Warns Communication Tower Industry About “Preventable” Worker Deaths

Posted in OSHA Compliance

By James L. Curtis and Craig B. Simonsen This week David Michaels, PhD, MPH, Assistant Secretary of Labor for OSHA, wrote a letter to the communication tower industry about the rise in falls from communication towers, indicating that “every single one of these tragedies was preventable.” According to Michaels, the industry has experienced an “alarming increase in worker deaths.” He… Continue Reading

New Study on Health Hazards Associated With Long-Haul Truck Drivers

Posted in OSHA Compliance, Transportation

By James L. Curtis and Craig B. Simonsen In a just released study published in the American Journal of Industrial Medicine, the National Institute for Occupational Safety and Health (NIOSH) finds that U.S. long-haul truck drivers were twice as likely to be obese compared to the adult working population, as well as more likely to smoke and suffer from other… Continue Reading

Students Are Now Employees? OSHA Issues Citations To Vocational Rehabilitation Center For Alleged Safety Violations

Posted in OSHA Compliance

By Meagan Newman and Anne D. Harris The Occupational Safety and Health Administration (OSHA) recently issued substantial citations for various safety violations to a vocational rehabilitation and counseling center for young adults in Florida.  Teen Challenge of Florida Inc., a nonprofit organization that offers assistance to at-risk young adults received twenty-five safety and health violations totaling $228,600 in penalties after… Continue Reading

Employees Driving In Illinois? What Employers Need to Know

Posted in Illinois, OSHA Compliance

James L. Curtis, Erin Dougherty Foley, and Craig B. Simonsen Effective January 1, 2014, the Illinois Vehicle Code, at 625 ILCS 5/12-610.2, was amended to prohibit driving while using an electronic communication device, including hand-held wireless telephones, hand-held personal digital assistants, or portable or mobile computers. The amendment provides for exceptions including the use of hands-free devices, two-way radios, and… Continue Reading