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…
Continue reading...
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…
Continue reading...
Continue reading...
In the unfortunate circumstance when an employer receives an OSHA citation, it is comforting to know that numerous procedural and substantive legal defenses exist to limit liability. Of the substantive defenses, one of the most effective is known as the “unpreventable employee misconduct” defense. If successful, it can lead to the outright dismissal of the OSHA citation.
While this defense can obviously relieve the immediate headache of the citation, it cannot and should not replace the practice of making worker safety the number-one priority. Indeed,…
Continue reading...
Continue reading...
As of January 1, 2015, OSHA is setting forth new reporting requirements for employers. According to a recent OSHA “Tweet”, employers will be required to report all work-related fatalities within eight hours and all in-patient hospitalizations, amputations and losses of an eye within 24 hours of learning of the aforementioned accidents. Employers are advised that reporting to OSHA may be performed through the OSHA website or by contacting OSHA via telephone.
The New Year’s resolution changes the former reporting requirements. Under the “lame duck” requirements…
Continue reading...
Continue reading...
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…
Continue reading...
Continue reading...
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…
Continue reading...
Continue reading...
If you work with or manufacture potentially hazardous chemicals, OSHA wants to hear from you.
OSHA has recently launched a national dialogue in an effort to increase the prevention of work-related illness caused by chemicals and hazardous substances. In a YouTube video introducing the initiative, Dr. David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, commented that “[m]any of our chemical exposure standards are dangerously out of date and do not adequately protect workers.” Dr. Michaels further stated that the process…
Continue reading...
Continue reading...
In the words of U.S. Secretary of Labor Thomas E. Perez, “[t]he cell phones in our pockets can’t come at the cost of a worker’s life.” On October 14, 2014, the Department of Labor, Federal Communications Commission, and telecommunications industry leaders joined forces to discuss solutions to the surging trend of tragic deaths among cellular phone tower workers.
With worker safety in mind, the trifecta established a group dedicated to implementing recommended safety practices after collaborating with entities such as the National Association of Tower…
Continue reading...
Continue reading...
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”),…
Continue reading...
Continue reading...
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. …
Continue reading...
Continue reading...