Environmental & Safety Law Update

Category Archives: OSHA Enforcement

Subscribe to OSHA Enforcement RSS Feed

OSHA Updates Emphasis Program on Amputations – Cites Employer and Places It on Severe Violators List

Posted in Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By Brent I. Clark and Craig B. Simonsen

Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a 21-year-old employee suffered severe burns and the loss of four fingers.

National Emphasis Program on Continue Reading

OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old

Posted in Investigations/Inspections, OSHA Enforcement, OSHA Litigation

By Ilana R. Morady and Craig B. Simonsen

OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29, 2015).

We had blogged previously about the D.C. Circuit Court of Appeals opinion in AKM 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

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

OSHA Adds “Upstream Oil and Gas” to List for Severe Violator Enforcement Program

Posted in Investigations/Inspections, OSHA Enforcement

By Brent I. Clark and Craig B. Simonsen

Thomas Galassi, Director of OSHA’s Directorate of Enforcement Programs, through a very short Memorandum (Memo), announced that OSHA has just added employers in the Oil and Gas Production Services and Drilling and Well Servicing industries to its High-Emphasis Hazards in the Severe Violator Enforcement Program.

We have written previously about steady growth … Continue Reading

Not Surprisingly, 2014 Sees Another Increase in Whistleblower Cases

Posted in OSHA Enforcement, Whistleblower

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has just released its whistleblower statistics, showing another jump in the number of whistleblower cases filed with OSHA in FY 2014, to over three thousand.

This is the first time that the total number of claims filed has topped 3,000, and is the result of a … Continue Reading

OSHA Head Says OSHA Will Lower Whistleblower’s Burden of Proof in Investigations

Posted in OSHA Enforcement, Whistleblower

By Brent I. Clark, Ada W. Dolph, and Craig B. Simonsen

In remarks before its Whistleblower Protection Advisory Committee, OSHA Administrator Dr. David Michaels said that he will lessen the whistleblower’s burden of proof in investigations.

Dr. Michaels spoke at the September 3, 2014 Whistleblower Protection Advisory Committee meeting. In his introduction, he noted that from 2009 … Continue Reading

OSHA Annual Review of State OSHA Programs

Posted in OSHA Enforcement

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has recently released its FY 2013 Comprehensive Federal Annual Monitoring Evaluation (FAME) Reports.

The FAME Reports include OSHA’s evaluation of the twenty seven approved State Plans each fiscal year. According to federal OSHA’s Reports, penalties proposed by state workplace safety and health regulators continue to … Continue Reading

NLRB Memo on OSHA and Wage and Hour Referral Policy and Procedures

Posted in Investigations/Inspections, OSHA Enforcement, OSHA Litigation

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

Anne Purcell, Associate General Counsel of the National Labor Relations Board (NLRB), recently issued an “Operations-Management” Memorandum on “Procedure in Cases Involving Potential OSHA and Wage and Hour Issues.” Memorandum OM 14-77 (August 8, 2014).

We had blogged earlier this year when the Occupational … Continue Reading

Cal/OSHA Considers Changes to Its Policy on “Repeat” Violations — With Significant Implications for Employers

Posted in California, OSHA Compliance, OSHA Enforcement

By Joshua M. Henderson

Consider this not-so-hypothetical example.  An employer in California receives a citation from Cal/OSHA for a relatively minor safety violation involving no employee injuries.  Maybe the citation was for inadequate training on a particular workplace hazard.  The citation carries with it a penalty of $500.  The employer could appeal the citation, and spend perhaps thousands of dollars … Continue Reading