OSHA Form 300a Reporting Deadline and Other Recordkeeping Considerations

March 3, 2020 was the deadline for employers to electronically submit the required data from OSHA form 300A. Form 300A provides OSHA with a summary of all recordable work-related injuries and illnesses from the previous year and is to be filed through the electronic OSHA Injury Tracking Application (ITA). Employers can submit injury and illness data electronically. What qualifies as an OSHA recordable event for purposes of the OSHA recordkeeping forms? OSHA defines a recordable event as follows:
  • Any work-related fatality
  • Any work-related injury
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The 14 Elements to an Effective & Compliant Process Safety Management Program

Many businesses either don’t understand OSHA’s Process Safety Management standard (PSM), or they don’t realize it applies to them.  Once you have determined you have a covered process or on-site storage, handling and/or moving of a highly hazardous chemical (defined by 29 CFR 1910.119) at or above the threshold quantity set by OSHA, you must develop a PSM program compliant with OSHA’s specific requirements. There are 14 elements that must be implemented in such a program, and this post will cover the basics of those…
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OSHA’s Civil Penalties Increased in 2020 – What Companies Need to Be Aware of Moving Forward

The United States Department of Labor (DOL) increased its fines by approximately two percent on January 15, 2020 in accordance with the Federal Civil Penalties Inflation Adjustment Act of 2015. The DOL evaluated all of the civil penalties it administered and calculated the annual inflation adjustments based on the consumer price index for all urban consumers. Ultimately, this evaluation resulted in an increase of approximately two percent to all but four of the penalties it administers. As an example, if a company is found to…
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Winter Weather Advisory: Preparing for Safe Snow Removal from Rooftops and Other Elevated Structures

Snow removal can be dangerous business, particularly when removing snow and ice from rooftops and other elevated structures. As we head into the winter season, now is a good time to review safe snow removal practices. OSHA’s General Duty Clause imposes a duty on employers to protect workers from recognized serious hazards in the workplace, including snow removal from roof and other elevated structures. How to meet the duty of care: Before the work begins, employers should:
  • Plan ahead for safe snow removal from roofs
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From Lagging to Leading–OSHA Finally Focuses on Leading Indicators to Improve Safety and Health in the Workplace

OSHA has long focused on “OSHA recordables,” or the number of work-related injuries on an employer’s OSHA 30 log, to assess safety in workplaces. These lagging indicators have been denounced by safety and health professionals as reactive, and an ineffective means of measuring the effectiveness of an employer’s safety and health program. OSHA has finally agreed, and recently announced a stakeholder meeting to take place next month, where it will gather information to develop tools for employers to utilize leading indicators for safety and health.…
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Criminal Charges and OSHA–Employers Should Take Care

Any employer in New York is likely aware that OSHA can, and often does, issue monetary penalties for health and safety violations occurring at an employer’s place of business. Employers are also likely aware that in certain instances, they can even face criminal sanctions for certain actions. Under the Occupational Safety and Health Act, OSHA can and does bring criminal charges against employers when an employer’s willful violations cause an employee’s death, when the employer provides false statements on a document required by the Act,…
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Winter is Coming: Tips for Cold Weather Work and Avoiding Hazards

As the seasons begin to change, winter weather creates hazardous worksite conditions. Winter brings snow, ice, wind chills, and persistent temperatures below freezing. Workers, as well as supervisors and employers, need to take winter safety into consideration throughout everyday worksite duties. Injuries that are commonplace at the worksite year-round become more likely during the winter months. These tips are intended to provide employers and workers with the tools to implement safety precautions throughout the cold months. There are no OSHA specific standards concerning work in…
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OSHA and the Roofing Industry: Fall Protection

The duty to have fall protection in construction (OSHA section 1926.501) regularly tops the list of most frequently cited OSHA standards following workplace inspections. When it comes to the roofing industry, however, fall protection—though of paramount importance—is not the only requirement for an effective safety program. This article will address some critical considerations for roofers when it comes to ensuring compliance with applicable OSHA standards and, more generally, keeping their workers safe. COMPLIANCE WITH PROVISIONS In 2016, OSHA published its “Recommended Practices for Safety and…
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Send in the Drones: An Overview of OSHA’s Drone Inspection Policy

In December 2018, it was discovered that OSHA had put procedures in place to allow for the use of unmanned aircraft systems (better known as drones) for compliance inspections. In 2019, OSHA has reportedly conducted drone inspections on at least nine worksites and, with the increased prevalence of drones in day-to-day life, one can only expect that number to increase. This is not entirely new. OSHA has already been using drones throughout 2018 and 2019, with employers’ permission, at worksites where an accident occurred and…
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Construction Sites, Injured Contractors & Workers’ Compensation

In Connecticut, the “traditional” rules of workers’ compensation are relatively well established. A restaurant employee cuts his finger preparing food on shift; a home health aide pulls a muscle in her back while moving a patient on shift; a delivery truck driver gets into a motor vehicle accident while delivering to a customer. But what if you are a contractor or subcontractor on a job/site and get injured? Do you know who your direct employer is? Is there workers’ compensation coverage? For the most part,…
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