By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: An alcohol induced accident involving an intoxicated employee can be an OSHA recordable incident.
OSHA recently opined in an Interpretation Letter that, where an employee sustained an injury at work but the employee was found to be intoxicated from alcohol through a post-injury drug
Continue Reading OSHA – Injury to Intoxicated Employee is Recordable
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Beginning January 1, 2015, OSHA changed its injury reporting rules to require employees to report to OSHA certain severe injuries and employee hospitalization within 24 hours. We have previously blogged about that change in “OSHA Recordkeeping: Civil and Criminal Liabilities in 2015” and “OSHA
Continue Reading OSHA Publishes Evaluation of Severe Injury Reporting Program
By Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen
The U.S. Environmental Protection Agency last week finalized its rule to “modernize” Clean Water Act (CWA) regulatory reporting requirements for municipalities, industries, and other facilities.
According to the Agency’s news release the final rule will require regulated entities and state and federal regulators to “use existing, available information
Continue Reading EPA Releases Final Clean Water Act Electronic Reporting Rule
By Brent I. Clark and Craig B. Simonsen
Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a 21-year-old employee suffered severe burns and the loss of four fingers.
National Emphasis Program on
By Mark A. Lies, II and Ilana R. Morady
As many employers know, California frequently does things a little differently than other jurisdictions. Cal/OSHA is no exception.
When it comes to injury/illness reporting, Cal/OSHA (a.k.a. “the Division”) requires “any serious injury or illness, or death” to be reported within 8 hours to the nearest District Office. Serious injury or illness
Continue Reading Cal/OSHA District Offices Taking Expansive View of Injury/Illness Reporting Requirements
By James L. Curtis, Meagan Newman, and Ilana R. Morady
Last week we attended the ABA Occupational Safety and Health Law Meeting in Naples, Florida. This included representatives from the OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office.
Tom Galassi, Director, Directorate of Enforcement of OSHA, spoke at length on Wednesday about
Continue Reading Report From The OSHA/MSHA ABA Law Conference
By James L. Curtis, Ilana R. Morady, and Craig B. Simonsen
As most employers are aware, OSHA implemented new injury reporting requirements under 29 CFR Section 1904.39 effective at the beginning on this year.
One requirement is that employers must now report to OSHA within 24 hours all work-related amputations and losses of an eye. However the question
Continue Reading OSHA Interpretation On New Reporting Rule For Amputations And Sight Loss
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