By Brent I. Clark and Meagan Newman
We let OSHA inspect because we have to, right? Actually, no—we do not always have to let them inspect.
This is a question that comes up quite a bit with employers, both the kind that see OSHA inspectors frequently and those that have never had the pleasure. The answer, that we do not…
Continue Reading Why Do We Let OSHA Inspect?
By Brent I. Clark, Meagan 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 activist…
Continue Reading More from the ABA OSHA Law Meeting: Vigorous Debate Over Who Can Serve As An Employee Representative During Inspections
By James L. Curtis, Jeryl 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 New OSHA Emphasis Program For EPA Toxic Chemicals Release Reporting Industries
By Jeryl L. Olson and Craig B. Simonsen
On September 11, 2013, U.S. Environmental Protection Agency published its revised Spill Prevention Control and Countermeasures (SPCC) Guidance for Regional Inspectors, which is directed not only to EPA inspectors, but also to owners and operators of facilities subject to the SPCC requirements. The Clean Water Act guidance is designed to “facilitate nationally…
Continue Reading EPA Publishes Revised Spill Prevention Control and Countermeasures Guidance
By James L. Curtis and Craig B. Simonsen
The Bureau of Labor Statistics (BLS) recently released its preliminary “Census of Fatal Occupational Injuries.” The findings show an increase of twenty-three percent in the oil and gas extraction industries, a fourteen percent increase in the mining sector, and a five percent increase in the construction industry.
By James L. Curtis and Craig B. Simonsen
Consistent with its threats to aggressively pursue employers who expose employees to workplace hazards, the Occupational Safety and Health Administration has cited an Illinois metal fabricator for twelve alleged violations, including one willful and six serious citations, and issued a $317,000 penalty under the national and regional emphasis program on primary metal …
Continue Reading Metal Fabricator Gets Willful Citation and Put Into OSHA’s Severe Violator Enforcement Program
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
Employers are reminded of a difficult lesson by a recent administrative law judge decision on “excusable neglect.” Secretary v. Progressive Interest, Inc., OSHRC No. 12-1805.
According to the administrative law judge the citation in this matter was issued to the company on July 30, 2012, received by certified…
Continue Reading Don’t Be Late — Review Commission Law Judge Finds Notice of Contest Filed Late Was Inexcusable Neglect
By James L. Curtis and Craig B. Simonsen
Consistent with its threats to aggressively pursue employers who allegedly expose employees to hazardous chemicals and respiratory hazards, the Occupational Safety and Health Administration has cited a Wisconsin iron foundry for twenty-eight health violations, including three repeat citations, under the national and regional emphasis program on primary metal industries.
OSHA also unilaterally…
By Stephanie Christiansen-LaRocco and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) has published for the first time a Directive on Inspection and Citation Guidance for Roadway and Highway Construction Work Zones (October 16, 2012, CPL 02-01-054). The Directive covers any construction activity on and near roadways or highways, such as “road, highway, sidewalk, or utility construction, where…
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) has just published a Guidance on removing employers from the Severe Violator Enforcement Program (SVEP). As we noted in a previous blog, since the SVEP has been in effect over 300 employers have been designated as severe violators. However, until now, there has not…
Continue Reading Procedures for Removal from the OSHA Severe Violator Enforcement Program List
