Author Archives: Michael Rubin

OSHA Form 300A Posting Period to Commence Feb. 1

  Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record work-related injuries and illnesses using OSHA Forms 300, 300A and 301. From Februay through April, these covered employers are required to post OSHA Form 300A, which summarizes the total number of job-related injuries and illnesses that occurred during 2014 and were logged on OSHA’s Form 300 (the log of work-related injuries and illnesses). The summary must be posted between Feb. 1 and April 30,…

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OSHA Reporting Requirements for Fatalities and Injuries Simplified

Under the OSHA reporting requirements for work-related injuries and fatalities (effective Jan. 1, 2015), employers are required to report all work-related fatalities within 8 hours, and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding out about the incident. The following are the three ways to report any work-related injuries and/or fatalities to OSHA: (1) call 1-800-321-OSHA (6742); (2) call your nearest OSHA area office during normal business hours; or (3) use the OSHA electronic reporting (online) form, available…

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Focusing on Safety (and Potential Recognition) with OSHA’s On-Site Consultation Program

If you are a small or medium-sized business and want to know how you are doing in terms of safety, one option is to simply ask OSHA by participating in its voluntary On-site Consultation Program. If you elect to participate in this program, a consultant will work with you to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing injury and illness prevention programs. On-site Consultation services are confidential, separate from enforcement, and do not result in penalties or…

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Credibility of Injured Employee Key Consideration in Vacating Citation

A recent decision from the Occupational Safety and Health Review Commission shows the importance credibility of witnesses can play in any contested action. In this recent matter, the Administrative Law Judge (the court) vacated a citation against a telecommunications and electrical utilities company (the company) in view of – in large part – the “untruthful demeanor” of the injured employee and the fact that the employee appeared to have “an ax to grind” with his employer. By way of background, the injured employee filed a…

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Contesting an OSHA Citation – Some Basics

An OSHA citation usually comes at the worst time. Actually, is there ever a good time? Probably not. But, what if after receiving a citation you realize you do not agree with it? Or, perhaps, you cannot deny that the violative conduct occurred, but you believe certain mitigating factors should be taken into account that might warrant dismissal of the citation or a reduction of the penalty. If these thoughts are coming to mind, you may have a basis to challenge the citation. In order…

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OSHA Citations on Fall Prevention and Exposure to Excessive Heat Affirmed on Appeal

Two recent court cases upheld citations that were issued for violations of OSHA’s fall protection standard and a willful citation for exposing workers to excessive heat. In September of 2011, OSHA inspectors in Cleveland, Ohio observed a worker performing roof repairs on a church’s steep-pitched roof without any fall protection. An inspection, in turn, resulted in the issuance of “serious” and “repeat” citations to the roofing company for violating OSHA’s fall prevention regulations. In an appeal to the Occupational Safety and Health Review Commission (“OSHRC”),…

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Comment Period Extended on Proposed Rule to Improve Tracking of Workplace Injuries and Illnesses

OSHA has announced that it will extend the comment period on the proposed rule to improve the tracking of workplace injuries and illnesses to Oct. 14, 2014. The proposal, published on Nov. 8, 2013, would amend OSHA’s recordkeeping regulation to add requirements for the electronic submission of injury and illness information that employers are already required to keep. OSHA is soliciting comments on whether to amend the proposed rule to: 1) require that employers inform their employees of their right to report injuries and…

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Brooklyn Medical Facility Cited by OSHA for Inadequate Workplace Violence Safeguards

Employees of a Brooklyn medical facility were allegedly exposed to head, eye, face and groin injuries and intimidation and threats during routine interactions with patients and visitors. An inspection by OSHA reportedly found approximately 40 incidents of workplace violence between February 7 and April 12, 2014. These incidents involved employees who were threatened or physically and verbally assaulted by patients and visitors, or when breaking up altercations between patients. The most serious incident was an assault of a nurse, who sustained severe brain injuries when…

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OSHA to Refer Time-Barred Whistleblower Claims to the NLRB

On May 21st, the National Labor Relations Board (NLRB) announced that OSHA will begin referring time-barred whistleblower claims (brought pursuant to Section 11(c) of the OSH Act) to the NLRB, which has a longer limitations period, for investigation and potential prosecution. In order to facilitate this collaborative program, OSHA agents have been provided with talking points briefly describing the NLRB and providing other information to use when referring untimely Section 11(c) complainants. The statute of limitations for a whistleblower claim brought pursuant to Section…

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This Week’s Top OSHA Related News

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