David E. Leach

All articles by David E. Leach

 

OSHA Further Delays Deadline Regarding Crane Operator Certification to 2018

On November 9, 2017, OSHA published a Final Rule further extending by one year the employer duty to ensure the competency of crane operators involved in construction work. Previously, this duty was scheduled to terminate on November 10, 2017, but is now extended to November 10, 2018. OSHA is also further extending the deadline for crane operator certification for one year to November 10, 2018. According to the OSHA press release, the extensions are necessary to provide sufficient time for it to complete related…  

OSHA Will Partner with Labor Organizations, Trade Associations, and Individual Employers to Train and Protect Workers

OSHA’s Strategic Partnership Program (OSPP) for Worker Safety and Health is a federal initiative that seeks to reduce occupational fatalities, injuries, and illnesses as well as improve worker protections by engaging labor organizations, employer groups, individual employers and others in formal, cooperative relationships with OSHA to carry out the purposes of the Occupational Safety and Health Act. The OSPP was first created in 1998 and it seeks to have a measurable, positive impact on the workplace by helping participants establish effective safety and health management…  

OSHA Mandates That Certain Employers Report Accidents Electronically

Effective January 1, 2017, OSHA requires that establishments with 20 to 249 employees in certain high-risk industries, including construction, manufacturing and building material and supplies dealers, submit their injury and illness summary (Form 300A) data to it electronically. Their 2016 Form 300A must be submitted by July 1, 2017 and their 2017 Form 300A must be submitted by July 1, 2018. Establishments with 250 or more employees in industries covered by the record keeping regulation also must submit information from their 2016 Form 300A by…  

OSHA Adds Chapter on Fall Protection to its Technical Manual

The OSHA Technical Manual (OTM) provides information about workplace hazards and controls to OSHA’s Compliance Safety and Health Officers. The OTM is based upon currently available research, publications, OSHA Standards, and consensus standards. OSHA is adding a new chapter on fall protection to its OTM. Chapter 4, entitled “Fall Protection in Construction,” provides technical information about fall hazards and protection methods. The information is intended to help prepare OSHA compliance officers to conduct inspections and investigations. A review of Chapter 4 indicates that OSHA addresses…  

Employers Must Post Summaries of Work-Related Injuries and Illnesses

Employers are required to post a copy of OSHA’s Form 300A between February 1, 2016 and April 30, 2016. This form summarizes the job-related injuries and illnesses employees experienced during 2015. The summary must be posted in a common area where notices to employees are usually posted each year. Information contained on the summary includes the total number of deaths, injuries, poisonings, respiratory conditions, skin disorders, instances of hearing loss, and other illnesses experienced by the employees. Notably, businesses with ten or fewer employees and…  

OSHA Teams Up with Department of Justice to Utilize Criminal Prosecution to Protect Worker Safety

The United State Department of Justice and the United States Department of Labor have entered into a Memorandum of Understanding to provide for the coordination of matters pertaining to worker safety that could lead to criminal prosecution by the Department of Justice. Under the Memorandum, the U.S. Attorneys’ Offices will work with OSHA, Mine Safety (MSHA), and Wage and Hour Division to investigate and prosecute worker endangerment violations. Over a year ago, the Departments of Justice and Labor began meeting to explore a joint effort…  

OSHA Brings Sharper Focus to Battling Occupational Lung Disease

Construction workers, coal miners, foundry workers, and stone cutters inhale tiny bits of dust on a daily basis. The dust penetrates their lungs and over time their lungs scar over. This results in a broad range of health issues, including silicosis, pneumoconiosis (black lung), chronic beryllium disease and lung cancer. It may be decades before the effects of the dust inhalation are felt, but the U.S. Department of Labor is working to change that. The U.S. Department of Labor is making progress toward reducing and…  

Maine Joins New York, New Jersey, Connecticut and Illinois as Newest State Plan Protecting State and Local Employees

OSHA recently approved Maine as the newest State Plan responsible for protecting the safety and health of state and local government employees. Under the approved plan, the Maine Department of Labor is designated as the state agency responsible for the development and enforcement of occupational safety and health standards applicable to state and local government employment throughout the state. OSHA retains full authority for coverage of private sector  employees in the State of Maine, as well as for coverage of federal government employees. Maine joins…  

OSHA Issues Final Rule to Increase Protections Afforded to Construction Workers in Confined Spaces

Working in confined spaces exposes construction workers to many hazards, including asphyxiation, explosions, electrocutions and toxic substances. Until recently OSHA had one provision in its construction standards setting forth a general training requirement when employees worked in confined spaces. This provision (29 CFR 1926.21(b)(6)) provided limited guidance, instructing employers to train employees as to the nature of the hazards involved, the necessary precautions to be taken and in the use of required protective emergency equipment. On May 1, 2015, OSHA announced a new “final rule”…  

OSHA Updates its Guidelines for Protecting Workers from Workplace Violence

Healthcare and social service workers face significant risks of job-related violence and it is OSHA’s stated mission to help employers address these serious hazards. According to the Bureau of Labor Statistics, more than 23,000 significant injuries due to assault at work occurred in 2013. Notably, more than 70 percent of these assaults were in the healthcare and social service sectors. Workers in these areas are reportedly more than 4 times as likely to be injured due to violence in the workplace than the average private…  

Lead Exposure Brings $287,440 in Fines from OSHA

Lead exposure can cause long term damage to the central nervous system, urinary, blood and reproductive systems. Without proper protection, employees who encounter lead in the work place can bring this toxic metal home on their clothes, hair and hands. Family members, including pregnant women and children, are put at risk for lead poisoning as a result. Employees of Chicago-based Era Valdivia Contractors, Inc. and their families were exposed to dangerous lead hazards while workers were sandblasting the steel structure of the Francisco Avenue Bridge…  

OSHA Orders Employer to Reinstate Whistleblower and Pay More Than $166,000 in Damages

On July 30, 2013, a pilot refused to fly a medical transport helicopter over mountainous terrain due to a faulty emergency locator transmitter. The employee was placed on administrative leave the next day and was eventually terminated on August 5, 2013. This termination was reported to OSHA and an investigation followed. OSHA found that the pilot’s employer terminated the employee in retaliation for refusing to fly the helicopter. OSHA not only ordered that the pilot be reinstated, but also levied fines totaling $158,000 in back…  

OSHA Standards Protect Workers from Exposure to Ebola

Can an employer receive an OSHA citation for failing to protect its employees from exposure to the Ebola virus? Surprisingly, the answer is yes. While most workers in the United States are unlikely to encounter the Ebola virus, workers whose jobs involve healthcare, airline and other transportation operations, cleaning, and environmental services, may be at higher risk for exposure. Under the Occupational Safety and Health Act (“OSH Act”), employers are responsible for ensuring that workers are protected from exposure to the virus. OSHA actually has…  

OSHA Announces New Rule for Reporting Severe Injuries

On September 11, 2014, OSHA announced a new final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, goes into effect on January 1, 2015. Under the rule, employers will be required to notify OSHA of work-related fatalities within eight hours, and work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours. …  

President Obama Signs Executive Order Requiring Prospective Federal Contractors to Disclose Labor Violations

President Obama recently signed an Executive Order mandating that companies seeking federal contracts must disclose all labor law violations from the previous three years in order to be eligible for such contracts. The Fair Pay and Safe Workplaces Executive Order will govern new federal procurement contracts valued at more than $500,000 and provide information on companies’ compliance with federal labor laws for agencies. The Executive Order is expected to be implemented on new contracts in stages, on a prioritized basis, during 2016. The goal of…  

OSHA Helps Workers and Employers Beat the Heat with Smart Phone App and Other Resources

Every year, dozens of workers are killed by heat, and thousands more experience heat-related illnesses. With summer heat on the rise across the nation, workers and employers are turning to OSHA’s Heat Safety Tool for help staying safe in the heat. The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. In addition, it provides reminders about protective measures that should be taken at that risk level to…  

OSHA Announces Interactive Training Webtool to Assist Small Businesses Identify Workplace Hazards

On June 22, 2014, OSHA announced a new interactive training tool to help small businesses effectively identify hazards in the workplace. According to the announcement, employers and workers can “virtually” explore how to identify common workplace hazards in the manufacturing and construction industries. Users of the new training tool will learn not only hazard identification skills but also about hazard abatement and control. Through the hazard identification tool, users reportedly learn to identify realistic, common hazards from the perspective of either a business owner or…  

$7 Million in Grant Money Available for Safety Training from OSHA

The U.S. Department of Labor’s Occupational Safety and Health Administration is soliciting applications from nonprofit organizations, including employer associations, labor unions, and joint labor/management associations, under a program called the Susan Harwood Training Grant Program. The $7 million in grant money will fund training and education for workers and employers to identify and prevent workplace safety and health hazards. Two types of safety and health training grants will be awarded: Targeted Topic Training and Capacity Building; approximately $3.5 million will be available in each grant…  

OSHA’S Fall Prevention Campaign Includes a National-Stand Down for Fall Safety

Falls are the leading cause of death in the construction industry. In 2012, 279 construction workers lost their lives in falls from heights and more than 8,800 construction workers were seriously injured by falls. From June 2 through June 6, 2014 employers and workers are voluntarily stopping work to talk about saving lives and preventing fatal falls. More than 1 million workers and tens of thousands of businesses across the country are expected to participate in this national stand-down for fall safety. This national stand-down…  

OSHA Emphasizes Safe Patient Handling Programs for Healthcare Workers

Nurses and other healthcare workers face many safety and health hazards in their work environments. In fact, healthcare workers experience some of the highest rates of non-fatal occupational injuries and illnesses of any industry sector. In 2012, injuries and illnesses reported for nursing and residential care workers were significantly higher than those in construction, and 2-3 times higher than in retail or manufacturing. Almost half of the injuries and illnesses reported for nurses and nursing support staffs were musculoskeletal disorders (MSDs).  Reducing the number of…  

OSHA Tasked by Congress to Protect Whistleblowers

The Occupational Safety and Health Administration has been tasked by Congress to enforce the whistleblower provisions of 22 different statutes. These laws protect workers in many industries throughout the country from retaliation when they report unsafe working conditions, fraud or something that would endanger the public. The Department of Labor is reporting that since 2009 the number of new whistleblower cases has grown by 37 percent. The Federal government has responded to this increase by providing additional resources in the fiscal 2015 budget. With these…  

OSHA to Pay Special Attention to Accidents Involving Communication Tower Workers

A recent communications tower collapse in West Virginia resulted in the deaths of two tower workers, as well as a firefighter who died while responding to the incident. These deaths are part of a sharp rise in fatalities in this industry. In fact, more communication tower workers were killed in 2013 than in the previous two years combined. According to Assistant Secretary of Labor for OSHA Dr. David Michaels, OSHA is very concerned about the sharp rise in deaths and is going to increase…  

OSHA Injury and Illness Recordkeeping and Reporting Requirements

Under the OSHA record keeping regulation, covered employers are required to prepare and maintain records of serious occupational injuries and illnesses. Such events must be recorded on the OSHA 300 Log. This type of information is important for employers, workers and OSHA in evaluating the safety of a workplace, understanding industry hazards, and implementing worker protections to reduce and eliminate hazards. What Employers are Required to Report: All employers covered by the Act must orally report to OSHA the death of any employee from a…  

OSHA Releases New Resources to Protect Hospital Workers and Enhance Patient Safety

The U.S. Department of Labor’s Occupational Safety and Health Administration recently launched a new educational Web resource which has extensive materials to help hospitals prevent worker injuries, assess workplace safety needs, enhance safe patient handling programs, and implement safety and health management systems.  The materials include fact books, self-assessments and best practice guides.  The website’s materials on safe patient handling are designed to address the most common type of injuries hospital workers face, and hospitals can use these resources to protect their workers, improve patient…  

U.S. Department of Labor Announces Rule Change That Will Decrease Burden on Employer’s Utilizing Mechanical Power Presses

The U.S. Department of Labor (DOL) recently announced a rule change which updates and streamlines the standards for the use of mechanical power presses which punch, form or assemble metal or other materials. Workers can be exposed to hand, finger or arm injuries if parts of a press are worn, damaged or not operating properly. The new rule will eliminate a requirement for employers to document mandatory weekly inspections of these presses while clarifying the responsibility of employers to perform and document any maintenance or…  

Employer Sentenced to Prison and Fined $1.2 Million for Deaths of Two Employees

On May 14, 2010, two employees of Black Mag, LLC were killed in an explosion at the plant while manufacturing a gun powder substitute. The employees, who had been employed for just one month, were hand feeding powder into operating equipment due to the employer’s failure to implement essential protective controls. OSHA’s investigation into the cause of the explosion led to the issuance of 54 workplace safety and health citations with penalties totaling $1.2 million. Craig Sanborn, who was the company’s president, managing member and…  

OSHA Proposes New Rule to Improve Tracking of Workplace Injuries

OSHA recently announced that it was issuing a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. Under the proposed rule, establishments with more than 250 employees will be required to submit injury and illness information to OSHA electronically on a quarterly basis.  OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA…  

Falls Prevented, Lives Saved With Three Steps

OSHA’s Fall Prevention Campaign offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventative measures.  This website is part of OHSA’s nationwide outreach campaign to raise awareness  among workers and employers about the hazards of falls from ladders, scaffolds and roofs. According to OHSA, falls can be prevented and lives can be saved through three simple steps:
  1.  Plan ahead to get the job done safely;
  2.  Provide the right equipment, and
  3. Train everyone to use the equipment safely.
OSHA can provide…  

OSHA Issues $270K in Fines to Four Contractors For Hazards Related to Fall Protection

OSHA recently issued citations totaling $272,720 to four contractors following an inspection of a project involving the construction of a mid-town Manhattan hotel.  Notably, the fines were issued even though no one was hurt.  The inspection was conducted as the result of a complaint that workers were being exposed to fall hazards. The contractor receiving the heaviest of the fines, Flintlock Construction Services, LLC, is a general contractor and it was cited  for seven violations of OSHA’s fall protection and scaffolding standards for workers being…