By Mark A. Lies, II and Meagan Newman
The 10th Circuit Court of Appeals recently issued a decision that effectively and measurably lowers OSHA’s burden of proof to establish an OSHA violation to “what a reasonably prudent employer would do.” Compass Environmental, Inc. v. Occupational Safety and Health Commission; Department of Labor, No. 10-9541 (Dec. 19, 2011). The decision…
Continue Reading Court Lowers Burden of Proof for OSHA
The Occupational Safety and Health Administration (OSHA) has just published a web page that provides “safety and health information on winter storm hazards.” OSHA indicates that winter storms “create a variety of hazards and can have lingering impacts on everyday tasks and work activities.” OSHA cites to the National Weather Service, that about 70…
By Meagan Newman
Salon owners may not be thinking about OSHA Hazard Communication training for their employees–and this would be a mistake. In recent months OSHA has issued a number of citations to beauty salons and manufacturers of hair straightening products containing formaldehyde alleging violations of the hazard communication standard. In a December 8, 2011 press release urging employers to…
Continue Reading OSHA Urges Salons, Beauty Schools and Manufacturers to Protect Employees from Formaldehyde Exposure
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) recently announced a new National Emphasis Program (NEP) for chemical facilities. The NEP is intended to protect workers from catastrophic releases of highly hazardous chemicals. The NEP replaces OSHA’s 2009 pilot Chemical Facility National Emphasis Program (Pilot Program) which established policies and procedures for inspecting…
Continue Reading OSHA National Emphasis Program for Chemical Facilities
By James L. Curtis and Meagan Newman
In response to increased injury and illness rates for health care support workers, OSHA announced yesterday that a National Emphasis Program on Nursing Home and Residential Care Facilities will be launched in the coming months. The data released yesterday by the Bureau of Labor Statistics shows that the incidence rate for health care…
Continue Reading National Emphasis Program for Nursing Home and Residential Care Facilities on the Way
By Mark A. Lies II and Elizabeth Leifel Ash
On August 17, 2009, three journeymen electricians from M. C. Dean (Dean), an outside contractor, were servicing electrical installations at a warehouse owned by Ryder Transportation Services (Ryder). One of the journeymen electricians fell through a skylight on the warehouse roof and suffered fatal injuries. Following this accident, the Occupational Safety and…
The Occupational Safety and Health Administration (OSHA) has just published a “comprehensive step-by-step guide” intended for both employers and employees to help understand the OSHA’s respiratory protection standard (standard). The Small Entity Compliance Guide for the Respiratory Protection Standard is 124 pages of explanation including a sample program, checklists, and FAQs.
OSHA notes in the introduction…
By James L. Curtis and Meagan Newman
On October 20, 2011 the U.S. Department of Labor’s Bureau of Labor Statistics announced that nonfatal workplace injuries and illnesses declined in 2010, from 3.3 million reported in 2009 to 3.1 million. The incidence rate declined from 3.6 cases per 100 employees to 3.5.
Secretary of Labor Hilda Solis responded to this data,…
Continue Reading Workplace Injuries are Down, but OSHA Warns Health Care, Social Assistance and Public Sector Employers They Are Being Watched
By Mark A. Lies II and Elizabeth Leifel Ash
Under the Obama Administration, many federal agencies, including the Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) have redoubled their efforts to enforce existing laws and regulations. OSHA and EPA, in particular, have seen significant increases in their inspection and enforcement budgets, including the hiring of…
Continue Reading Environmental And Workplace Safety Audits: Creating And Preserving Legal Privileges
By Mark A. Lies II and Timothy R. Gerlach[1]
It is a fact of everyday business life that many employers will, from time to time, be required to engage outside contractors to perform a variety of services at the employer’s facility that the employer cannot perform with its own employees. Recently, OSHA has begun to expand the employer’s liability for…
Continue Reading OSHA Expansion of Fall Hazard Liability for Host Employers
