OSHA is experimenting with adding another weapon to its “shaming penalty” arsenal with a pilot program in its Midwest region called the Whistleblower-Severe Violator Enforcement Program. The OSHA whistleblower pilot program is similar to the existing Severe Violator Enforcement Program, which focuses on employers OSHA believes are indifferent to worker safety and health, or who willfully ignore it. Enforcement OSHA MORE

OSHA’s report on its most frequently issued categories of violations in 2014 is a good reminder that protecting workers against falls is one of the most important safety measures an employer can take.Fall protection topped the list of OSHA violations cited in 2014 – with 7,272 violations across all industries that resulted in more than $20 million in fines against employers. The post OSHA stats highlight importance of fall protection appeared first on FDRsafety. MORE

OSHA’s policy of allowing union representatives to accompany agency compliance officers in walk-around inspections of worksites, even if the union doesn’t represent company employees, is being challenged in a lawsuit filed by the National Federation of Independent Businesses. The agency changed its policy on participation in OSHA walk-arounds in 2013. But in 2013, OSHA eliminated the requirement that the employee representative actually work at the site. Enforcement OSHA MORE

A change in OSHA rules that extended employers’ liability for recording workplace injuries and illnesses to five years appears close to being reversed. The changed regulation was OSHA’s response to a 2012 U.S. The rule covers OSHA 300 Logs, OSHA 301 Incident Reports, and the OSHA 300A Summary of Work-related Injuries and Illnesses. The post House votes to overturn OSHA rule on record-keeping appeared first on FDRsafety. Enforcement OSHA Recordkeeping MORE

OSHA CERTIFICATION 10 VS. 30 HOUR. Welcome to Safe Friday, this week we’re going continue to cover the ins and outs of OSHA certification. This week, we’re going cover the basics of 10- and 30-hour OSHA certification. But don’t forget, OSHA certification is an investment. MORE

What a difference a few months can make, as can be seen with changes at OSHA. A review of recent issues of OSHA’s “Quick Takes” newsletter highlighting important agency news paints a different picture of OSHA than newsletters from last fall. The story OSHA wanted to tell about itself was enforcement, enforcement, enforcement. Eight years ago, the new leaders of OSHA announced there was a “new sheriff in town.” By Jim Stanley. MORE

OSHA is again taking a misguided stand against safety incentive programs as part of an effort to protect workers from retaliation for reporting injuries or illnesses. OSHA says the paper is intended to guide employers on creating a non-retaliatory work environment. A fairer way to address alleged instances of retaliation is for OSHA to be required to identify an injury or illness that was not reported and prove that the failure to report was due to intimidation. MORE

EHS Today : “A recent court decision extending the time limitation for OSHA to assess repeat violations has upped the ante for employers who until now chose not to contest more routine violations because of the cost of defending them. Enforcement OSHA Safety and sustainability MORE

. General industry employers are under a short timeline to revise their fall protection practices now that OSHA has issued its long-awaited updated final rule on the subject. The new rule does not impact construction industry standards, but according to OSHA is intended to align general industry requirements “as much as possible” with those construction standards. Under the current standard, OSHA required the use of guardrails as the main fall protection method. MORE

As is well known, OSHA recently launched enhanced recordkeeping requirements, and if there is any doubt that the agency is serious about enforcement one need only look at violations just announced against an oil and gas services company. Willful violations are those in which OSHA alleges that a company either intentionally disregarded the law or showed plain indifference to employee health and safety. Enforcement OSHA Recordkeeping MORE

An ongoing concern about OSHA’s protection of workers is its slow pace in creating or updating needed standards. In a recent memo , OSHA addresses situations in which manufacturers and importers lack direct experience with the combustible dust hazards of products they are shipping. MORE

OSHA sees great opportunity because your industry does realize finger injuries and amputations that are not realized in other companies where operators have automation and/or engineered safeguards to protect the point of operation. The post Are You Ready For An OSHA Audit? MORE

OSHA has substantially increased its inspections of worksites where temporary workers are employed, following up on an initiative announced 18 months ago directed at temporary staffing agencies. OSHA expressed concerns that “some employers may use temporary workers as a way to avoid meeting all their compliance obligations under the OSH Act and other worker protection laws.” Enforcement OSHA MORE

New OSHA recordkeeping rules that went into effect this year are creating confusion among employers about the definition of an amputation and how to quickly determine if an incident that occurred after work hours is actually work-related, according to an article in Business Insurance magazine. 1, require that the hospitalization of a single employee – rather than three employees as previously required — be reported to OSHA within 24 hours of management learning that it occurred. MORE

A federal judge has denied an industry request to delay enforcement of a new OSHA anti-retaliation rule designed to protect workers against reprisals for reporting injuries or illnesses. The rule – and the guidance OSHA has issued about complying with the rule – can have a substantial impact on how employers conduct drug testing after an accident, set up safety incentive programs, and create requirements for employees about reporting accidents. OSHA Recordkeeping MORE

OSHA Safety & Compliance. Welcome to Safe Friday, this week we’re going to cover the ins and outs of OSHA safety and compliance. OSHA Inspections. There are circumstances when OSHA may give less than 24 hours’ notice to the employer. Construction & OSHA Safety . MORE

Employers should pay close attention to OSHA’s recent revisions to its enforcement procedures on injury reporting, particularly those dealing with Rapid Response Investigations, which the agency frequently asks companies to conduct after a reportable injury. It has been over a year since OSHA’s revised injury reporting requirements took effect. Employers are now required to report to OSHA any fatality, in-patient hospitalization of a single employee, amputation, or loss of an eye. MORE

Much of the discussion about OSHA these days is about whether the agency has gone too far with some of its regulations and programs. No matter where you stand, though, it is good every once in a while to remember the reasons for OSHA’s creation. MORE

While OSHA standards are extensive, many companies still find they are not always sure how to apply them to everyday work situations. One solution: Ask OSHA for clarification. In response to inquiries, OSHA has from time to time provided written interpretations of how its standards apply to specific work situations and archived them on its website. The post In the weeds: OSHA answers very specific questions appeared first on FDRsafety. MORE

OSHA’s proposal to publish online the workplace injury and illness reports from companies with more than 250 workers may at first blush sound like a good idea in this age of transparency, but there are some good reasons not to do this. OSHA Recordkeeping MORE

OSHA’s proposal to eliminate one word, “unexpected,” from its lock-out/tag-out standard could have significant impact on the use of automated controls to protect workers from exposure to power hazards. In a proposed change to the LOTO standard issued this week, OSHA said it would delete the word “unexpected” from the standard in order to clear up confusion about whether a warning system is sufficient to protect workers. Enforcement OSHA MORE

OSHA has tightened the rules on reporting in-patient hospitalizations resulting from work-related injuries. 1, employers must notify OSHA of work-related fatalities within eight hours, and work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours. OSHA has also updated the list of industry categories partially exempt from OSHA recordkeeping requirements. OSHA Recordkeeping MORE

Government Accountability Office took OSHA to task for failing to adequately supervise states that have chosen to retain responsibility for their own occupational safety and health regulation. OSHA pledged to do better and has increased its oversight. Enforcement OSHA MORE

OSHA Audits can be nerve wracking, tedious, and costly for any business. Rather than being caught off guard by the findings of OSHA during one of their audits, we highly recommend that you implement Mock OSHA Audits into your regular safety program. MORE

The most recent federal budget includes a directive from President Obama to OSHA instructing the agency to revised its fine schedule - not updated since 1990 - and to tie increases in fines to the Consumer Price Index. OSHA to Increase Fines Welcome to the Golden Rule Alliance James L. MORE

Thanks to a new OSHA recordkeeping rule, employers urgently need to take a close look at their employee handbooks, safety policies and procedures, safety incentive programs, and drug testing policies. This new rule is yet another effort by the agency to attempt to publicly shame employers, force them to change drug testing and safety incentive policies, and increase the classifications and penalties associated with OSHA citations. Enforcement OSHA Recordkeeping MORE

OSHA is seeking to significantly expand its powers over recordkeeping by effectively adding five years to the time it can issue citations. Circuit Court of Appeals for the District of Columbia affirmed that OSHA has six months under its statute of limitations to issue a citation for alleged recordkeeping violations. But in its Spring 2014 Regulatory Agenda, OSHA said it would be offering up a rule that would effectively extend that period to five and a half years. MORE

But as proof that nothing comes free, buried deep in the bill is a provision that will raise the maximum OSHA fines by over 50 percent in 2016. These hikes in OSHA fines are found in Section 701 of the bill, which is titled the “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.” This results in roughly a 50 percent increase in maximum OSHA fines. Starting in January 2017, OSHA will be required to publish fine increases by January 15 of each year. MORE

The Centers for Disease Control suggested that employers start screening workers for heat stress when the heat index reaches 85 F rather than the 91 F OSHA currently recommends MORE

OSHA recently announced another delay in the deadline for employers to electronically submit their 2016 injury and illness data to the agency. As a brief recap, the revised recordkeeping rule requires employers with 250 or more employees to submit their OSHA 300A Annual Summaries for each separate establishment by December 15. OSHA intends to upload all of this data to a publicly searchable website. OSHA Recordkeeping MORE

More than 130 organizations asked the agency to establish protection rules for workers exposed to heat, the leading weather-related killer in the U.S. MORE

Employers cited for workplace safety or health violations could find themselves facing significantly higher penalties and possible felony prosecution under a new federal initiative to use alleged OSHA violations as a launching point to investigate whether companies are also violating environmental laws. The post OSHA violations: Back door to higher penalties and criminal prosecution appeared first on FDRsafety. Enforcement OSHA MORE

Small employers may not realize that they may be exempt from “programmed” OSHA inspections if they employ 10 or fewer employees and operate in a low-hazard industry. Programmed OSHA inspections are those conducted by the agency on a regular basis. If an employer is exempt because of working in a low-hazard industry, OSHA offices are allowed to investigate or schedule inspections in response to a complaint from a current employee. Enforcement OSHA MORE

A federal appeals court has ruled against OSHA in a case stemming from a fatal accident involving a lathe at a manufacturing plant, saying that the agency’s interpretation of its regulations on machine guards “strains a common sense reading.”. OSHA had argued that the agency was entitled to “deference” in its interpretation of its regulations. OSHA had issued 7 violations against the company and proposed a $490,000 fine. Courts Enforcement OSHA MORE

OSHA is launching what it calls a “surge” of planned inspections of manufacturers in Arkansas, Louisiana, Oklahoma and Texas focused on amputation hazards. In a press release, OSHA said that amputations most frequently occur during the operation of machinery without adequate safety guards. OSHA said there were more than 2,600 workplace-related amputations in 2015, with more than half suffered by workers in manufacturing. Enforcement OSHA MORE

Now administrators have to factor in an additional pressure: OSHA has recently stated that it has jurisdiction to pursue hospitals that do not meet safety standards for infection control and points to CDC guidelines as the “authoritative source of information” on how to protect workers who could have contact with Ebola patients. Jonathan Snare of Morgan Lewis has provided an insightful analysis of how to address the potential of an OSHA inspection in these circumstances. MORE

OSHA continues to cite employers aggressively, and at the same time is suggesting and frequently mandating certain types of abatement. This may overstep their authority, but many employers enter into a formal or informal OSHA settlement trying to avoid expensive litigation and abate alleged violations following agency’s suggestions or mandates. If OSHA’s suggestions are reasonable and feasible, obviously that’s the right way to go. Enforcement OSHA MORE

General contractors at construction sites are being held to a higher level of responsibility for coordinating the safety activities of contractors when it comes to confined spaces in what may be a little-noticed provision of a new OSHA standard. OSHA described the new standard on confined spaces in construction as including “more detailed provisions requiring coordinated activities when there are multiple employers at the worksite. MORE

OSHA also is now offering updated advice on program creation, although employers need to have some context on the agency’s recommendations before using OSHA’s guidance as a template. OSHA recently published its “Recommended Practices for Safety and Health Programs” on its website, replacing the agency’s 1989 Voluntary Guidelines. There is no OSHA requirement for a company to have a safety and health program. MORE

All affected employers need to finalize their OSHA 300 log data about work-related injuries and illnesses that required medical treatment beyond first aid. When completing these forms, it is important to know some of the most common OSHA recordkeeping mistakes that could result in enforcement action. The top five are as follows: 1) Not keeping an OSHA 300 log and posting a 300A summary even though you are required by law. Enforcement OSHA Recordkeeping MORE