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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Lead Exposure Brings $287,440 in Fines from OSHA

Lead exposure can cause long term damage to the central nervous system, urinary, blood and reproductive systems. Without proper protection, employees who encounter lead in the work place can bring this toxic metal home on their clothes, hair and hands. Family members, including pregnant women and children, are put at risk for lead poisoning as a result. Employees of Chicago-based Era Valdivia Contractors, Inc. and their families were exposed to dangerous lead hazards while workers were sandblasting the steel structure of the Francisco Avenue Bridge…
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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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OSHA Fines Contractor $511,000 for Failing to Provide Fall Protection Resulting in Worker Fatality

On July 25, 2014, a 22-year-old apprentice ironworker in Kansas City, Missouri was standing on a 9-inch-wide steel girder on a building under construction and fell more than 30 feet to his death. In its citation dated January 21, 2015, OSHA cited the employer structural steel company for seven willful and three serious safety violations, placed the company in the Severe Violator Enforcement Program, and issued proposed penalties against the company totaling $511,000. OSHA’s investigation found that the deceased worker’s employer violated its own safety…
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OSHA: Hospital Workers Exposed to Contaminated Laundry

OSHA has cited a New York City hospital after an investigation found workers were exposed to laundry contaminated with blood, bodily fluids, and other infectious materials. Approximately one year ago, the Manhattan hospital allegedly replaced linen laundry bags with thin plastic bags that broke, exposing workers to health hazards. Clothing, sheets, towels and other soiled laundry spewed onto the floor of the basement when bags broke or failed to stay closed as they came down laundry chutes. Employees were further exposed as they gathered and…
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The Right to Delay an OSHA Inspection Until Management Arrives

Chapter 3 of OSHA’s Field Operations Manual (“FOM”) governs OSHA Inspection Procedures, which encompasses many aspects of an inspection including preparation, planning, documentation, and notice. The “conduct of inspection” guideline indicates that the OSHA inspector must locate the owner, operator or agent in charge at the workplace prior to commencing the inspection. In that regard, the FOM provides that “when neither the person in charge nor a management official is present, contact may be made with the employer to request the presence of the owner,…
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OSHA Orders Employer to Reinstate Whistleblower and Pay More Than $166,000 in Damages

On July 30, 2013, a pilot refused to fly a medical transport helicopter over mountainous terrain due to a faulty emergency locator transmitter. The employee was placed on administrative leave the next day and was eventually terminated on August 5, 2013. This termination was reported to OSHA and an investigation followed. OSHA found that the pilot’s employer terminated the employee in retaliation for refusing to fly the helicopter. OSHA not only ordered that the pilot be reinstated, but also levied fines totaling $158,000 in back…
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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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