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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The Informal Conference: To Settle or Not To Settle

An important right upon receipt of an OSHA citation is to request an informal conference with the OSHA area director. Notably, an informal conference must be held within 15 working days of your receipt of the citation. (This is the same deadline as for contesting the citation. It is also important to keep in mind that requesting and/or appearing at an informal conference will not extend the time you have to contest the citation.) Informal conferences are popular and may be extremely useful because they…
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OSHA Emphasizes Safe Patient Handling Programs for Healthcare Workers

Nurses and other healthcare workers face many safety and health hazards in their work environments. In fact, healthcare workers experience some of the highest rates of non-fatal occupational injuries and illnesses of any industry sector. In 2012, injuries and illnesses reported for nursing and residential care workers were significantly higher than those in construction, and 2-3 times higher than in retail or manufacturing. Almost half of the injuries and illnesses reported for nurses and nursing support staffs were musculoskeletal disorders (MSDs).  Reducing the number of…
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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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Six Practical Tips for Minimizing OSHA Liability

As many employers know, OSHA penalties can be costly. Some employers, however, never even receive an OSHA citation. Why is this? Is it luck? Or is it because the employer implemented well-thought and planned systems and strategies specifically designed to promote the health and safety of its workers? In my recent article in Industry Week, I assert that it is likely the later – and provide six practical tips and strategies that employers in virtually any industry may implement. These strategies include:
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