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Category Archives: OSHA Compliance

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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

http://social.dol.gov/blog/wp-content/uploads/2014/02/Tower-chart1.jpg

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

Update from the ABA OSHA/MSHA Conference

Posted in MSHA Compliance, OSHA Compliance

By Benjamin D. Briggs, Ilana R. Morady, and Kerry M. Mohan

To cap off the winter ABA conference, on Friday the conference discussed recent OSHA Review Commission decisions involving deference given to the Secretary’s interpretation, heat illness, and combustible dust.

Chief Judges Rooney (OSHRC) and Lesnick (MSHRC) discussed ethical and professional behavior before the Court, reminding attorneys to … Continue Reading

Report From The OSHA/MSHA ABA Law Conference

Posted in OSHA Compliance

By James L. Curtis, Meagan Newman, and Ilana R. Morady

Last week we attended the ABA Occupational Safety and Health Law Meeting in Naples, Florida. This included representatives from the OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office.

Tom Galassi, Director, Directorate of Enforcement of OSHA, spoke at length on Wednesday … Continue Reading