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
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.
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
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
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).
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