By Ilana R. Morady and Craig B. Simonsen
OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29, 2015).
We had blogged previously about the D.C. Circuit Court of Appeals opinion in AKM
Continue Reading OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old
By Benjamin D. Briggs, Ilana R. Morady, and Kerry M. Mohan
To cap off the winter ABA conference, on Friday the conference discussed recent OSHA Review Commission decisions involving deference given to the Secretary’s interpretation, heat illness, and combustible dust.
Chief Judges Rooney (OSHRC) and Lesnick (MSHRC) discussed ethical and professional behavior before the Court, reminding attorneys to
Continue Reading Update from the ABA OSHA/MSHA Conference
By Andrew H. Perellis and Craig B. Simonsen
EPA published today a Significant New Use Rule (SNUR) for Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy) (Pentane SNUR) under the Toxic Substances Control Act (TSCA), 15 U.S. Code Chapter 53.
The rule was adopted in response to the pre-manufacture notice PMN P–07–204, for the chemical identified as CAS No. 870778–34–0. Potentially affected entities under the
Continue Reading EPA Significant New Use Rule for Pentane… Chemical Requires Impervious Gloves
By Mark A. Lies II and Ilana R. Morady
As most employers are aware, OSHA inspections typically involve a request for the employer to produce certain documents. In many cases, employers are unsure of what documents the compliance officer is entitled to see and copy. Employers can also be unsure of how long to retain certain documents required under OSHA.
Continue Reading OSHA-Related Documents: Creation And Retention
Starting January 1, 2015, OSHA’s recordkeeping rules will undergo a change to two key provisions.
One, a number of industries that were previously not required to keep OSHA injury and illness records will now have to maintain a log to comply with OSHA standards, and two, the list of severe work-related injuries and hospitalizations that must be reported to OSHA
Continue Reading Webinar on OSHA Recordkeeping: Civil and Criminal Liabilities in 2015
By James L. Curtis and Craig B. Simonsen
In a stunning finding, after public hearings, OSHA has concluded, based on “many stakeholders expressed concern,” that its illness reporting requirements proposal “could motivate employers to under-record injuries and illnesses.” 79 Fed. Reg. 47605 (August 14, 2014).
As we noted in an earlier blog (OSHA Shame Game Continues: Its Plan to
Continue Reading In Stunning Finding OSHA Concludes that Record Keeping Proposal Could Motivate Employers to Under-Record Injuries and Illnesses
By Mark A. Lies II, Kerry M. Mohan, and Ilana R. Morady
Unfortunately, accidents happen at work. No matter how thorough an employer’s training program may be and how much personal protective equipment an employer requires, employees still get injured.
Because injuries happen at work, OSHA requires employers to make first aid and medical services available to their employees.
Continue Reading Ouch‼: OSHA’s First Aid Requirements Can Sting
By James L. Curtis, Kerry M. Mohan, and Craig B. Simonsen
The Occupational Safety and Health Administration announced yesterday that it will extend the comment period thirty days, to March 8, 2014, on its proposed rule to “improve workplace safety and health through improved tracking of workplace injuries and illnesses.” 79 Fed. Reg. 778 (January 7, 2014).
By Brent I. Clark and Kerry M. Mohan
On November 7, 2013, OSHA announced a proposed rule regarding its injury and illness recordkeeping requirements that would make employee injury and illness records public. 78 Fed. Reg. 67254 (Nov. 8, 2013).
Currently, employers with eleven or more employees are required to keep and maintain OSHA 300, 300A, and 301 injury and
Continue Reading OSHA Shame Game Continues: Its Plan to Publish Injury Rates For Employers With Over 250 Employees
By Brent I. Clark and Meagan Newman
The Bureau of Labor Statistics reports that more than 2.5 million temporary workers were on U.S. payrolls last month. This figure does not include farm workers. While employers see advantages to using temp workers they must also be cognizant of the potential liability for workplace safety and health of those workers.
With very
Continue Reading Temp Employees Bring OSHA Liability