OSHA Communicates New Instruction for Communication Tower Personnel Hoists

In 2013, the communications industry was confronted by an increasing number of fatalities involving worker falls from cell tower sites. Alarmingly, OSHA recorded fourteen fatalities, all of which were determined preventable — either a result of an employer’s failure to provide fall protection or an employee’s failure to use the equipment. In the wake of this statistic, on July 17, 2014, OSHA implemented a new directive governing all work activities on communication towers that involve the use of a hoist to lift personnel to or…
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$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…
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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…
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23 Citations to Florida Manufacturer Underscore the Importance of Compliance with Respiratory and Toxic and Hazardous Substances Standards

OSHA recently cited a Florida manufacturer for 23 safety and health violations with proposed penalties totaling $106,000 for exposing workers to dangerous welding fumes and other hazards. Of the 23 alleged violations, 19 were classified as “serious violations,” that is, a substantial probability that death or serious physical harm could result. The inspection — conducted as part of OSHA’s national emphasis program on amputations — resulted in violations in two main categories: respiratory protection (29 CFR 1910.134) and toxic and hazardous substances –…
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OSHA’s Burden of Proof and Contesting the “Knowledge” Element

In order to establish a violation in any case, OSHA must prove the following four elements: (1) the cited standard applies; (2) the employer failed to comply with the standard; (3) employees had access to the violative condition; and (4) the employer knew, or with the exercise of reasonable diligence, could have known of the violative condition. A recent decision from the Occupational Safety and Health Review Commission (OSHRC) (March 7, 2014, Docket No. 12-2152), provides an opportunity to discuss the fourth element, the “knowledge”…
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OSHA Related News for April


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Exploring the Limits of OSHA’s Inspection Authority: A Precursor to Exercising Your Rights

If an OSHA inspector, known as a compliance safety and health officer (CSHO), arrives at your door, presents his or her credentials, and asks for you to consent to an inspection of your workplace, what do you do? If you consent, what should you expect to happen next? And if you refuse to consent, then what? Obviously it would be wishful thinking to conclude that the CSHO would simply leave, bid you good day and never come back. These rather elementary questions are among the…
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OSHA Announces National Stand-Down for Fall Prevention

OSHA has announced a national safety stand-down from June 2 to June 6, 2014 to raise awareness about the hazards of falls, which account for the highest number of deaths in the construction industry. In order to conduct a safety stand-down, a construction company should stop working at a specific designated time and provide a focused toolbox talk on a safety topic such as ladder safety, fall protection equipment, or scaffolds safety. The purpose of the meeting is to provide information to workers about hazards,…
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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…
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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…
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