Category Archives: Resource

OSHA Seeking Input On Communication Tower Construction and Maintenance Safety

towerOSHA has recently announced that it will be collecting information about the hazards faced by workers during the construction and maintenance of communication towers. With the rapid expansion of wireless communication over the past few decades, there has been an increasing demand for both constructing new communication towers and maintaining those already in service. These jobs can require workers to regularly climb as high as 2000 feet. Working at such great heights naturally presents the risk of not only falling, but also exposure to electrical…

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OSHA Citation to General Contractor Underscores the Need for Proper Equipment and Safety and Health Programs

OSHA recently cited a Florida general contractor – retained to restore the concrete finish on high-rise apartment buildings – for 17 “serious” safety and health violations and proposed penalties of $119,000. (A “serious” violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.) The inspection was initiated after OSHA received complaints alleging fall hazards at two work sites. OSHA charges that the company exposed workers to falls of…

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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…

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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…

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Roofing Contractor’s Failure to Respond to OSHA Citations Could Send Contractor to Jail

In December 2011, a Maine roofing contractor was directed by federal court order to correct violations associated with 11 different OSHA citations and to pay $404,000 in fines and interest that had been imposed previously over the period 2000 to 2011. The 11 citations related to 11 different work sites, and the contractor not only never responded to the initial citations but also never corrected the underlying safety conditions or paid the assessed fines after the citations had turned into final orders. Now, the contractor…

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Updates and Studies: Top OSHA-Related News for the Week

The following are highlights of the OSHA-related news for the week:

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U.S. Department of Labor Files OSHA Whistleblower Suit in New York Federal Court

OSHA is responsible for enforcing the whistleblower provisions of the Occupational Safety and Health Act and twenty-one other statutes which are designed to protect employees who report violations of various laws in a broad variety of areas. Under the Occupational Safety and Health Act, the U.S. Department of Labor is authorized to file suit against employers who retaliate against whistleblower employees. The U.S. Department of Labor has recently commenced such a whistleblower action in the United States District Court for the Southern District of New…

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OSHA To Host Second Annual Fall Safety Stand-Down in May 2015

From May 4-15, 2015, OSHA will be hosting its second annual National Safety Stand-Down to prevent falls in construction. According to OSHA, jobsite fatalities caused by falls from elevation accounted for 279 of the 806 construction fatalities recorded in 2012. Additionally, fall prevention safety standard violations were among the top 10 citations issued by OSHA in fiscal year 2014. As part of this years’ initiative, OSHA is inviting companies, contractors, and employers of all sizes to conduct voluntary safety “Stand-Downs” focusing on fall hazards and…

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OSHA Issues Amended Procedures for Handling Retaliation Complaints Under the Sarbanes-Oxley Act

On March 5, 2015, OSHA issued amended procedures for the handling of retaliation complaints under Section 806 of the Sarbanes-Oxley Act of 2002. The amended procedures, now effective, govern employee protection claims. By way of background, on November 3, 2011, an interim final rule (“IFR”) governing these provisions and requesting comment was published in the Federal Register, 76 FR 68084. Pursuant to the IFR, five comments were received. The final rule, 29 C.F.R. Part 1980, “Procedures for Handling of Retaliation Complaints Under Section 806 of…

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OSHA Citations Vacated Due to Consumer Products Exception

In a recent decision, the Occupational Safety and Health Review Commission (OSHRC) vacated two citations against a construction company relating to portable fire extinguishers kept at a jobsite. The first citation was for failing to include the extinguishers in its hazard communication program. The second was for failing to provide material safety data sheets for the chemicals contained in the extinguishers. The fire extinguishers at issue were ABC rated and weighed10 pounds each. Between 8 and 10 extinguishers were kept at the jobsite. It was…

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