Does Settling an OSHA Citation Make Good Business Sense?

Shortly after issuing a citation to an employer, OSHA will often agree to reduce the penalty amount provided the employer agrees not to contest it. But could settling invite further trouble? For a number of reasons, contractors should give considerable thought before entering into an early settlement with OSHA. You Need to Move Quickly Upon receipt of a citation, you have three basic options: accept the citation as-issued (this is almost never the best option); request an informal conference and attempt to settle or convince…
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Establish a Strong OSHA Defense Before an Inspector Shows Up

In most instances, an OSHA inspector will arrive at your door unannounced. Among other things, the inspector will present his or her credentials, say why he or she is there, and then ask for your consent to conduct an inspection. The actual inspection and a closing conference will follow, along with the issuance of any citations within six months of any violations. UNPREVENTABLE EMPLOYEE MISCONDUCT DEFENSE Although many procedural and legal defenses may exist to an OSHA citation, one of the most popular and effective…
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Return of the MAC: OSHA Aye-Aye’s Maritime Charter

On January 19, 2017, OSHA’s Acting Assistant Secretary of Labor renewed a charter first promulgated more than 20 years ago by OSHA’s Maritime Advisory Committee — the oft-referred “MAC.” In so doing, OSHA celebrated a “return of the MAC,” so to speak, by recognizing MAC as a mainstay in U.S. maritime bureaucracy. It remains unclear if OSHA intended its arguably less sexy adaptation as a tacit homage to the timeless 1996 Billboard hit, “Return of the Mack”*; crystal clear, however, is OSHA’s re-commitment to…
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OSHA Mandates That Certain Employers Report Accidents Electronically

Effective January 1, 2017, OSHA requires that establishments with 20 to 249 employees in certain high-risk industries, including construction, manufacturing and building material and supplies dealers, submit their injury and illness summary (Form 300A) data to it electronically. Their 2016 Form 300A must be submitted by July 1, 2017 and their 2017 Form 300A must be submitted by July 1, 2018. Establishments with 250 or more employees in industries covered by the record keeping regulation also must submit information from their 2016 Form 300A by…
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Walking-Working Surfaces and Personal Fall Protection: A Final Update

On November 17, 2016, OSHA issued a final rule updating Walking-Working Surfaces standards and establishing Personal Fall Protection Systems requirements in the general industry category. OSHA uses the term “general industry” to refer to all industries not included in agriculture, construction, or maritime. The rule applies to general Walking-Working Surfaces standards dealing with slip, trip, and fall hazards, and also included a new section addressing Personal Fall Protection Systems standards that requires employers to follow specific requirements for using fall protection. Because falls from…
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OSHA Updates Guidelines for Safety and Health Programs

OSHA first released its “Guidelines for Safety and Health Programs” 30 years ago. Since then, the workplace has changed so much that it can, in some ways, appear unrecognizable from days gone by. OSHA has therefore recently updated its guidelines to address both these changes and the accompanying safety and health issues that are now part of the modern workplace. While OSHA’s changes to its guidelines will no doubt help increase safety at the workplace, perhaps the most significant changes were to its online resources…
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OSHA Delays Enforcement of Anti-Retaliation Provision Until December 1

OSHA has decided once again to postpone enforcement of the anti-retaliation provision contained in its new injury and illness tracking rule until December 1 in order to allow a federal court time to review a motion challenging the provision. OSHA initially intended to implement the provision on August 10, 2016. At that time, the roll-out was delayed to allow time for outreach to the community the rule affects. The final rule advocates an employee’s right to freely report injuries and illnesses without fear of employer…
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Noise Complaints Don’t Fall on Deaf Ears: OSHA Sets Out to End Workplace Noise Exposure and Related Hearing Loss

Recently, OSHA, the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health teamed up to compel inventors to develop a solution to workplace noise exposure and corollary hearing loss.  The trifecta endeavors to ameliorate the risk of hearing loss that 22 million workers face every year from workplace noise hazards. Employers are required to implement an effective hearing conservation program whenever worker noise exposure is equal to or greater than 85 dBA for an eight-hour exposure, or 90 dBA in…
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Temporary Workers: Staffing Agencies Jointly Liable for OSHA Violations

Concerns employers may use temporary workers as a means to fill hazardous jobs and skirt compliance with OSHA regulations, has led to OSHA holding staffing agencies jointly responsible for safety violations when temporary workers are exposed to unsafe conditions. While the extent of staffing agency responsibilities are fact-specific—based upon the applicable regulations for the particular job and activity—what OSHA has made clear is that staffing agencies and employers are jointly responsible for ensuring OSHA compliance and that temporary workers have a safe place to work.…
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OSHA Penalty Increases About to Take Effect

Near the end of 2015, the Department of Labor announced that OSHA would be making  numerous changes to its enforcement and policies for the year 2016 and beyond. Included amongst these changes is a dramatic increase in its monetary penalties for violations. OSHA’s penalties had previously remained unchanged since 1990. Pursuant to the federal budget signed into law on November 2, 2015, however, OSHA was authorized to increase its penalties by 78 percent. Additionally, OSHA will now continue to adjust its penalties for inflation on…
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