Author Archives: Amanda S. Reynolds

iStock_000034400874_Large

Return of the MAC: OSHA Aye-Aye’s Maritime Charter

On January 19, 2017, OSHA’s Acting Assistant Secretary of Labor renewed a charter first promulgated more than 20 years ago by OSHA’s Maritime Advisory Committee — the oft-referred “MAC.” In so doing, OSHA celebrated a “return of the MAC,” so to speak, by recognizing MAC as a mainstay in U.S. maritime bureaucracy. It remains unclear if OSHA intended its arguably less sexy adaptation as a tacit homage to the timeless 1996 Billboard hit, “Return of the Mack”*; crystal clear, however, is OSHA’s re-commitment to…

Continue Reading....
495672652

OSHA Delays Enforcement of Anti-Retaliation Provision Until December 1

OSHA has decided once again to postpone enforcement of the anti-retaliation provision contained in its new injury and illness tracking rule until December 1 in order to allow a federal court time to review a motion challenging the provision. OSHA initially intended to implement the provision on August 10, 2016. At that time, the roll-out was delayed to allow time for outreach to the community the rule affects. The final rule advocates an employee’s right to freely report injuries and illnesses without fear of employer…

Continue Reading....
511669844

Noise Complaints Don’t Fall on Deaf Ears: OSHA Sets Out to End Workplace Noise Exposure and Related Hearing Loss

Recently, OSHA, the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health teamed up to compel inventors to develop a solution to workplace noise exposure and corollary hearing loss.  The trifecta endeavors to ameliorate the risk of hearing loss that 22 million workers face every year from workplace noise hazards. Employers are required to implement an effective hearing conservation program whenever worker noise exposure is equal to or greater than 85 dBA for an eight-hour exposure, or 90 dBA in…

Continue Reading....
495672652

OSHA’s New Reporting Rule Dabbles With Behavioral Economics to Incentivize Workplace Safety

The U.S. Department of Labor’s Occupational Safety and Health Administration issued a new rule that applies behavioral economics to incentivize workplace safety. The new rule requires electronic submission of workplace injury and illness reports in order to better inform workers, employers and the general public about workplace hazards. OSHA representatives remark that such a policy can be analogized to restaurant grading based on sanitation whereby restaurants must comply with kitchen cleanliness guidelines or suffer public disclosure of violations. Similarly, employers must make workplace safety a…

Continue Reading....

The Beryllium Equilibrium: OSHA Schedules Public Hearing on Proposed Rule Intended to Significantly Limit Worker Exposure to Beryllium

The Occupational Safety and Health Administration scheduled a hearing on February 29, 2016 in Washington D.C. to discuss its proposed rule governing occupational exposure limits for beryllium and beryllium compounds.  The proposed rule, which was published on August 7, 2015, would significantly lower workplace exposure to the chemical. OSHA’s present standard permits worker beryllium exposure to 2.0 micrograms per cubic meter of air over eight hours.  This standard was initially implemented by the Atomic Energy Commission in 1948 and later adopted by OSHA in 1971. …

Continue Reading....

Whistle While You Work: OSHA Draft Policy Seeks to Prevent Retaliation for Employees Reporting Safety Concerns

On November 6, 2015, OSHA issued a draft policy entitled “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation,” for which it informally seeks public comment through January 19, 2016. The draft policy seeks to facilitate an environment in which employees can freely raise OSHA concerns without the fear of employer retaliation. This whistleblower protection policy specifically focuses on improving safety incentive programs that employers could use in a retaliatory manner against workers who raise such concerns. In its endeavor to create a…

Continue Reading....
Stop violence

Combating Unpredictable Workplace Violence Under OSHA’s General Duty Clause

On August 26, 2015, a Virginia news reporter, Alison Parker, and a photojournalist, Adam Ward, were tragically shot down by a former colleague while conducting a live television broadcast in Moneta, Virginia. The gunman was later confirmed to be a former reporter at the victims’ news station, who was fired for disruptive conduct in 2013. Such acts of workplace violence are senseless and unpredictable, but there are ways to mitigate dangers still. According to OSHA statistics, every year nearly two million Americans report being victims…

Continue Reading....
iStock_000019703424_Medium

OSHA’s Guide To Restroom Access for Transgender Workers

OSHA’s recent publication of its Guide to Restroom Access for Transgender Workers (“Guide”) further forged OSHA’s foray into the spotlight of the hotly prolific LBGT rights discussion. The Guide, which aims to assure that employers provide a safe and healthful working environment for all employees, underscores the principle that “all employees should have access to restrooms that correspond to their gender identity,” according to Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. Under OSHA’s Sanitation Standard (1910.141), employers are required…

Continue Reading....

OSHA Rule Regarding Confined Spaces “Hooked” In Texas

Recently, the Texas Association of Builders (“TAB”) filed a petition in the Fifth Circuit Court of Appeals seeking a review of a newly finalized OSHA rule, which was aimed at reducing confined space risks in construction activities.  The TAB petition potentially hinders the rule’s implementation, delaying years’ worth of the rule’s development by the Bush and Obama Administrations. Specifically, the OSHA final rule conforms construction safety standards with OSHA’s existing confined space regulations for general industry, but contains additional provisions.  For example, the new rule…

Continue Reading....

Upstream Oil, Gas Hazards Added to OSHA Severe Violator Program as “High-Emphasis Hazards”

According to a recently issued OSHA memorandum, over twenty years’ worth of statistics show that upstream oil and gas production operations are plagued by fatalities at a rate five to eight times greater than the national average. Based on these alarming statistics, OSHA implemented a new policy under its Severe Violator Enforcement Program (“SVEP”) captured by Instruction CPL 02-00-149 Section XI, which endeavors to curb industry fatalities. The memorandum concerning this new SVEP Section was quietly issued to field officials and attorneys at a recent…

Continue Reading....