Environmental & Safety Law Update

Category Archives: OSHA Compliance

Subscribe to OSHA Compliance RSS Feed

OSHA’s on Your Flight Too: OSHA and FAA Adopt Memorandum of Understanding on Joint Policy for OSHA Standards for Aircraft Cabin Crewmembers

Posted in FAA, OSHA Compliance

By Kerry M. Mohan and Craig B. Simonsen

The Occupational Safety and Health Administration and the Federal Aviation Administration have just adopted a Memorandum of Understanding (MOU) to implement their joint policy that will allow OSHA to enforce its bloodborne pathogen, hazard communication, and hearing conservation standards in aircraft cabins during flight operations (not including the flight deck crew).

The … Continue Reading

New Guidance for “Recommended Practices” to Protect Temporary Workers

Posted in Investigations/Inspections, OSHA Compliance

By Meagan Newman, Brent I. Clark, and Craig B. Simonsen

The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health released yesterday their “new” guidance for “Recommended Practices” to protect temporary workers’ safety and health, for staffing agencies and host employers. DHHS No. 2014-139 (August 25, 2014).

This new guidance comes … Continue Reading

DHS Proposing to “Mature” Chemical Facility Anti-Terrorism Standards Program

Posted in Chemical Safety, Emergency Planning, OSHA Compliance

By James L. Curtis and Craig B. Simonsen

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPR) intended to “mature” the Chemical Facility Anti-Terrorism Standards (CFATS) program, and to identify ways to make the program more effective in achieving its regulatory objectives. 79 Fed. Reg. 48693 (August 18, 2014).

The CFATS program was intended … Continue Reading

In Stunning Finding OSHA Concludes that Record Keeping Proposal Could Motivate Employers to Under-Record Injuries and Illnesses

Posted in Investigations/Inspections, OSHA Compliance

By James L. Curtis and Craig B. Simonsen

In a stunning finding, after public hearings, OSHA has concluded, based on “many stakeholders expressed concern,” that its illness reporting requirements proposal “could motivate employers to under-record injuries and illnesses.” 79 Fed. Reg. 47605 (August 14, 2014).

As we noted in an earlier blog (OSHA Shame Game Continues: Its Plan to Continue Reading

Got an OSHA Citation? Watch Out! – Obama Legislates “Fair Pay and Safe Workplaces” With Executive Order

Posted in OSHA Compliance

By Kerry M. Mohan and Craig B. Simonsen

As part President Barack Obama’s “Year of Action,” on July 31st he signed an Executive Order (EO) on “Fair Pay and Safe Workplaces” that requires prospective federal contractors to disclose labor law violations, and will provide “federal agencies guidance on how to consider labor violations when awarding federal contracts.” 79 Continue Reading

OSHA and the Federal Motor Carrier Safety Administration Agree to Coordinate Responses to Whistleblower Complaints By Private Commercial Motor Vehicle Drivers

Posted in OSHA Compliance, Transportation, Whistleblower

By Ada W. Dolph and Craig B. Simonsen

Since 2010, OSHA has made a concerted effort to coordinate enforcement of whistleblower complaints with affiliated agencies. (See our past blog about OSHA’s coordination with the FDA here).  OSHA continues in this effort, recently announcing that it has entered into a Memorandum of Understanding (MOU) with the Federal Motor Carrier Safety … Continue Reading

OSHA Issues Memo to “Remind” its Field Staff about Enforcement Policy on Temporary Workers

Posted in Investigations/Inspections, OSHA Compliance

By James L. Curtis and Craig B. Simonsen

Thomas Galassi, the Director of OSHA’s Directorate of Enforcement Programs, recently issued a Memorandum to Regional Administrators on OSHA’s “Policy Background on the Temporary Worker Initiative.” It provides a good lesson from the Agency’s perspective.

We had blogged previously about OSHA’s national emphasis on temporary workers. For instance, Administrator David Michaels published … Continue Reading

OSHA Holding National Advisory Committee Workgroup Meeting on Temporary Worker Issues

Posted in OSHA Compliance

By Brent I. Clark and Craig B. Simonsen

The OSHA National Advisory Committee Workgroup will meet to continue its discussion of issues relating to the protection of temporary workers.

The Workgroup will be discussing issues that include perceived gaps in workplace protection for temporary workers, differences between temporary workers and contract workers, and joint responsibility of host employers and staffing … Continue Reading

Avoid the Summer Heat! Sweat the Details of California’s “Cool-Down” Periods and Avoid the Burn of Wage and Hour Class Litigation

Posted in California, Class Action, OSHA Compliance, OSHA Litigation

By Geoffrey C. Westbrook and Joshua M. Henderson

Just when one might have thought California employment law couldn’t get any stickier for employers, in January 2014 the California Legislature turned up the heat by expanding meal and rest break penalty provisions. Now there’s a new penalty for failure to provide “cool-down,” or recovery, periods to prevent heat illness.

Before, heat … Continue Reading

OSHA Delays Compliance Date — Interim Enforcement Policy for New Rule on Electric Power Generation, Transmission, and Distribution

Posted in OSHA Compliance

By James L. Curtis and Craig B. Simonsen

We had previously blogged on OSHA’s adoption of its new 428 page updated “Electric Power Generation, Transmission, and Distribution” rules. 79 Fed. Reg. 20316 (April 11, 2014). It has now issued an “Interim Enforcement Policy” for the new rules.

According to Dr. David Michaels, the Assistant Secretary of Labor for Occupational … Continue Reading