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Category Archives: OSHA Compliance

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Cal/OSHA District Offices Taking Expansive View of Injury/Illness Reporting Requirements

Posted in California, OSHA Compliance

By Mark A. Lies, II and Ilana R. Morady

As many employers know, California frequently does things a little differently than other jurisdictions. Cal/OSHA is no exception.

When it comes to injury/illness reporting, Cal/OSHA (a.k.a. “the Division”) requires “any serious injury or illness, or death” to be reported within 8 hours to the nearest District Office. Serious injury or illness … Continue Reading

DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement

Posted in Chemical Safety, Emergency Planning, Environmental Compliance, OSHA Compliance

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information and to better manage its compliance process. Report to Congress, GAO-15-614 (July 2015).

Risk Level for Facilities

The Report states … Continue Reading

OSHA Directive on Inspection Procedures for the Hazard Communication Standard

Posted in Chemical Safety, OSHA Compliance

By Meagan Newman and Craig B. Simonsen

OSHA has just announced a compliance Directive on “Inspection Procedures for the Hazard Communication Standard,” CPL 02-02-079 (July 9, 2015).

We had previously blogged that June 1, 2015 was the deadline for compliance with the all new hazardous communication (HazCom) standard (29 CFR section 1910.1200) (HCS 2012) requirements, with exceptions for … Continue Reading

OSHA Enforcement Memo and Interim Policy on the Process Safety Management Retail Exemption

Posted in Chemical Safety, OSHA Compliance

By Meagan Newman and Craig B. Simonsen

The Occupational Safety and Health Administration issued yesterday an enforcement memo (Memo) and an interim policy (Policy) on the PSM retail exemption.

Tho Memo revised OSHA’s interpretation of the exemption of retail facilities from coverage of the Process Safety Management of Highly Hazardous Chemicals (PSM) standard (29 CFR 1910.119). The revision, … Continue Reading

Healthcare Employers to Get Even More Attention from OSHA

Posted in Investigations/Inspections, OSHA Compliance, Workplace Violence

By James L. Curtis and Craig B. Simonsen

OSHA has released an “Inspection Guidance for Inpatient Healthcare Settings,” that will focus its inspectors attention to musculoskeletal disorders, workplace violence, bloodborne pathogens, tuberculosis, and slips, trips, and falls.

The Guidance focuses on hazards that were included in OSHA’s recently-concluded National Emphasis Program on Nursing and Residential Care Facilities, CPL Continue Reading

Nonprofit Volunteers: We’ll Work For Free … Unless We Get Hurt

Posted in OSHA Compliance, OSHA Litigation

By Ofer Lion

If your company is a nonprofit or has a nonprofit foundation, are you covered if something happens to your volunteers while they’re engaged in service to your organization?

The concern is real. There were 287 fatal occupation injuries among volunteers from 2003-2007. Prudent nonprofits carry insurance, called “volunteer accident insurance,” to cover injuries to volunteers.

Workers Continue Reading

OSHA Interpretation on Recognized and Generally Accepted Good Engineering Practices in Process Safety Management

Posted in Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By Brent I. Clark and Craig B. Simonsen

OSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices” (RAGAGEP) requirements, including how to interpret “shall” and “should”  language in published codes, standards, published technical reports, recommended practices, and similar documents.

According to … Continue Reading

OSHA Publishes Guide to Restroom Access for Transgender Workers

Posted in OSHA Compliance, Uncategorized

By Ilana Morady

On June 1, 2015, OSHA published a Guide to Restroom Access for Transgender Workers. The publication provides guidance to employers on best practices for restroom access for transgender workers. The agency has estimated that over 700,000 adults in the US are transgender, meaning that their gender identity is different than their sex assigned at birth (e.g., the … Continue Reading

OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

Posted in Chemical Safety, OSHA Compliance, OSHA Enforcement

By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen

In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations that present a continuing hazard. Secretary of Labor v. Delek Continue Reading