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
“When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the risk to participants is … Continue Reading
In a recent U.S. General Accountability Office (GAO) whistleblower protection program report, the GAO recommends that the Secretaries of Labor and Transportation evaluate their current and in-process memoranda of agreements (MOAs) to ensure that the MOAs incorporate key practices for collaboration. “Opportunities Exist for OSHA and DOT to Strengthen Collaborative Mechanisms… Continue Reading
A hot topic at the ABA Occupational Safety and Health Law Meeting – which we are attending this week in Tuscan, Arizona – has been who can serve as an employee representative during inspections.
OSHA takes the position that non-unionized employees can select a union organizer or community … Continue Reading
This week we are attending the ABA Occupational Safety and Health Law Meeting in Tucson, Arizona. The Agency, the Review Commission, and the Solicitor’s Office all have numerous representatives here. This morning, Tom Galassi, OSHA’s Directorate of Enforcement Programs (DEP) spoke about key issues in enforcement. Some of … Continue Reading
OSHA has just released its Site-Specific Targeting 2014 (SST-14) Program (Program) Directive, which replaces its Site-Specific Targeting 2012 that we previously blogged about, and was in effect during 2013. Directive No. 14-01 (CPL 02).
The OSHA SST-14 Program is intended to direct its enforcement resources to workplaces … Continue Reading
The President just signed into law the Consolidated Appropriations Act, 2014, H.R.3547, which will provide funding for the Occupational Safety and Health Administration for the 2014 fiscal year.
In response to an August 1, 2013 Executive Order 13650, OSHA has requested comments (78 Fed. Reg. 73756) on potential revisions to its Process Safety Management (PSM) standard, its Explosives and Blasting Agents standard, its Flammable Liquids standard, its Spray Finishing standard, and potential changes to its PSM enforcement policies.… Continue Reading
In what appears to be part of OSHA’s ongoing campaign to prevent fall accidents and injuries, OSHA’s Region V announced earlier this year a Local Emphasis Program to address Fall Hazards in General Industry and Construction.
The Emphasis Programs provides the “basis for scheduling and conducting safety inspections of construction and … Continue Reading
OSHA has recently announced a new local emphasis program for health inspections of facilities known to have reported the use and “release” of chemicals defined by the U.S. Environmental Protection Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 as “toxic chemicals”.
Under EPCRA … Continue Reading