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Category Archives: OSHA Compliance

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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

Senator Al Franken Introduces Protecting America’s Workers Act

Posted in OSHA Compliance

By James L. Curtis and Craig B. Simonsen

On International Workers’ Memorial Day, U.S. Senator Al Franken, the top Democratic Senator on the Employment and Workplace Safety Subcommittee, introduced legislation to amend the Occupational Safety and Health Act.

The legislation would expand OSHA’s coverage to include public employees. The bill would also significantly increase penalties for OSHA citations, raising … Continue Reading

Hazard Alert on Worker Exposure to Silica in Countertop Manufacturing Industry

Posted in Chemical Safety, Hazardous Materials, OSHA Compliance

By Brent I. Clark and Craig B. Simonsen

OSHA and its sister agency the National Institute for Occupational Safety and Health (NIOSH) have just released a “Hazard Alert” on Worker Exposure to Silica During Countertop Manufacturing, Finishing and Installation.

We had previously blogged about NIOSH’s “Hazard Alert” for Worker Exposure to Silica During Hydraulic Fracturing. In addition, … Continue Reading

Beware Strangers Bearing Gifts! DOL Promotes “Free” National Safety Council “Cell Phone Policy Kit”

Posted in OSHA Compliance

By Erin Dougherty Foley and Craig B. Simonsen

In a DOL blog posted last week we learn that driving-related crashes are the number one workplace killer.

Remember … we’ve warned against driving and phone usage before. “Employees Using Cellphones And Other Portable Devices While Driving: Should Employers Ban This Completely?”, and “Employees Driving In Illinois? What Continue Reading

OSHA Rulemaking on Communication Tower Worker Safety

Posted in OSHA Compliance

By James L. Curtis, Kerry M. Mohan, and Craig B. Simonsen


Last October OSHA Administrator David Michaels had, stated that “we at OSHA are very concerned about the rising number of tower worker deaths. The fatality rate in this industry is extraordinarily high – tower workers are killed on the job at a rate more than ten Continue Reading

OSHA Updates Workplace Violence Guidance for Protecting Healthcare and Social Service Workers

Posted in OSHA Compliance, Workplace Violence

By Brent I. Clark, James L. Curtis, Mark A. Lies, Meagan Newman, and Craig B. Simonsen

In its announcement last week, OSHA noted that the Bureau of Labor Statistics reported for 2013 that over 23,000 significant injuries were due to violent assault at work, with more than seventy percent (70%) of these assaults being in the … Continue Reading