Environmental & Safety Law Update

Category Archives: OSHA Enforcement

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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

DC Circuit Denies Review of OSHA Citation Against SeaWorld: What Does this Mean for the Circus, Football…or Healthcare Providers?

Posted in OSHA Enforcement, OSHA Litigation, Workplace Violence

By Meagan Newman and Kerry Mohan

“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

GAO Report on OSHA, DOT Whistleblower Issues

Posted in OSHA Enforcement, Whistleblower

By James L. Curtis and Craig B. Simonsen

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 MechanismsContinue Reading

More from the ABA OSHA Law Meeting: Vigorous Debate Over Who Can Serve As An Employee Representative During Inspections

Posted in Investigations/Inspections, OSHA Enforcement

By Brent I. ClarkMeagan Newman, and Ilana R. Morady

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

Straight from OSHA’s Mouth: Live from the ABA Occupational Safety and Health Law Meeting

Posted in OSHA Compliance, OSHA Enforcement, Workplace Violence

By Brent I. Clark, Meagan Newman, and Ilana R. Morady

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 Issues Site-Specific Inspections Targeting Directive for 2014

Posted in Investigations/Inspections, OSHA Enforcement

By James L. Curtis, Meagan Newman, and Craig B. Simonsen

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

Funding For OSHA Enforcement Increases Under Law Signed by President

Posted in Investigations/Inspections, OSHA Enforcement

By James L. Curtis and Craig B. Simonsen

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.

We previously blogged about OSHA’s 2014 Budget Justification, that included implementation of its new “weighted inspection system” to target the most serious … Continue Reading

OSHA Request for Information on “Modernization” of its PSM Standard

Posted in Chemical Safety, OSHA Compliance, OSHA Enforcement

By James L. Curtis and Craig B. Simonsen

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

OSHA Emphasis Program For Fall Hazards in Construction and General Industry

Posted in Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By James L. Curtis and Craig B. Simonsen

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

New OSHA Emphasis Program For EPA Toxic Chemicals Release Reporting Industries

Posted in Chemical Safety, Environmental Enforcement, Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By James L. CurtisJeryl L. Olson, and Craig B. Simonsen

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