Archives: OSHA Compliance

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OSHA Updates COVID-19 Guidance, Faces Lawsuit by AFL-CIO

As the country slowly begins the reopening process, OSHA has issued two new guidance documents—an Updated Interim Enforcement Response Plan for COVID-19 and Revised Enforcement Guidance for Recording Cases of COVID-19. Both documents go into effect on May 26, 2020, and both replace prior guidance documents adopted by OSHA on these topics. Updated Interim Enforcement … Continue Reading

When Manufacturers Say, “Welcome Back”

While a recent headline-grabbing Forbes article may have caused some concern (“Researchers Say Social Distancing To Prevent Coronavirus May Need To Continue Until 2022”), many manufacturers are now planning to return to “Business as (the New) Normal.”  During the last two months, I have been fielding calls from essential manufacturers on how to conduct business … Continue Reading

Additional OSHA Guidance on COVID-19

OSHA previously issued guidance on preparing workplaces for COVID-19, which we covered on the blog a few weeks ago. The agency has been busy issuing additional materials to guide employers through these uncharted waters. A few recent developments are summarized below: Recordkeeping and Reporting Requirements OSHA has confirmed that COVID-19 can be a recordable work-related … Continue Reading

OSHA Issues COVID-19 Guidance for Workplaces

Last week, the Occupational Safety and Health Administration (OSHA) issued guidance on preparing workplaces for COVID-19. The guidance provides recommendations to help employers plan for the impact of COVID-19 on their businesses, workers, customers, and the public. While a number of states have implemented orders affecting certain workplaces, this guidance remains important for all employers to … Continue Reading

OSHA Approves New Respiratory Fit Testing Protocols

Thank you to my colleague, Jonathan Schaefer, for this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. Today OSHA issued a final rule approving two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard. … Continue Reading

OSHA Seeking Public Comments on Lockout/Tagout Standards

Thank you to my colleague, Jonathan Schaefer, for this post. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. OSHA recently announced that it is considering whether it should revise the Control of Hazardous Energy (Lockout/Tagout (LOTO)) standard to accommodate recent technological advances … Continue Reading

OSHA Requesting Public Comment on Powered Industrial Truck Standards

OSHA recently announced that it is considering whether it should revise the powered industrial trucks standards for general, construction, and maritime industries. Powered industrial trucks include forklifts, fork trucks, motorized hand trucks, platform lift trucks, tractors, and other industrial trucks powered by an electric motor or internal combustion engine. The powered industrial trucks standards have … Continue Reading

2019 Environmental, Health, and Safety Outlook For Manufacturers

This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. Last but not least, this week I am providing our predictions for hot topics in environmental, health, and safety compliance, enforcement, and … Continue Reading

OSHA’s Use of Drones During Workplace Inspections

These days, it is not uncommon to see drones flying overhead. But employers beware…you might see one during your next workplace inspection. Earlier this year, OSHA issued a memo formalizing its use of drones for inspection activities, and, according to a recent report by Bloomberg Law, it used drones for 9 inspections this year. The … Continue Reading

OSHA Launches New Inspection Targeting Program

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. On October 17, 2018, the Occupational Health & Safety Administration (OSHA) announced the … Continue Reading

OSHA Clarifies Position On Anti-Retaliation Rule

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. On October 11, 2018, the Occupational Health and Safety Administration (OSHA) issued a … Continue Reading

Failed to File An Electronic Injury Report? OSHA May Be Looking For You

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs. Under the 2016 Recording and Reporting Occupational Injuries and Illnesses rule … Continue Reading

2018 Environmental, Health, and Safety Outlook for Manufacturers

I want to begin by celebrating the fifth anniversary of our Manufacturing Law Blog. We are passionate about providing you with legal updates that are relevant to your manufacturing business and are honored that you are here. With over 20,000 visits over the course of our blog’s relatively short life, we are proud of the … Continue Reading

Top 10 OSHA Violations of 2016

Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot like the list for 2015 and the preceding years. As OSHA notes, “it rarely changes.” The top 10 … Continue Reading

OSHA Updates General Industry Personal Fall Protection and Walking-Working Surfaces Standards

Special thanks to my colleague, Diana Neeves, for her contributions to this post.  Diana is an attorney in our Environmental & Utilities Group. At the end of last week, OSHA issued its long-awaited final rule on walking-working surfaces and personal fall protection systems for general industry.  The new rule is intended to update the standards … Continue Reading

OSHA Issues Recommended Practices for Safety and Health Programs

  Thank you to my colleague, Tavo True-Alcala, for his contributions to this post. Tavo is an analyst in our Environmental & Utilities Group. In October, OSHA released its new Recommended Practices for Safety and Health Programs, which were issued to incorporate the experience and advances gained since the previous set of recommendations was released … Continue Reading

OSHA Issues New Whistleblower Protection Guidance

In September, OSHA issued new guidance for evaluating settlement agreements between complainants and their employers to protect past and future whistleblowing activities. OSHA reviews these settlement agreements to ensure they are fair, reasonable, and entered into knowingly and voluntarily. While OSHA already has extensive whistleblower protections, this guidance provides new guidelines for approving settlement agreements … Continue Reading

OSHA Enacts Sweeping Silica Rule

  Thank you to my colleague Bob Melvin for his contributions to the post below. Bob is a partner in the Environmental & Utilities Practice Group whose practice focuses on representing manufacturers with enforcement, compliance, and permitting issues. On March 25, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rule cutting in half the … Continue Reading

OSHA’s Reporting and Recordkeeping Rule: One Year Later

OSHA’s updated reporting and recordkeeping rule, found at 29 C.F.R. 1904, went into effect in January 2015. We summarized these new requirements on the blog, which require employers to report severe workplace injuries, including inpatient hospitalization, amputation, or loss of an eye, within 24 hours. OSHA implemented these new requirements to help it target enforcement … Continue Reading

Environmental, Health & Safety – What to Watch in 2016

To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016. 1. Expansion of CERCLA Liability The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is always a concern for manufacturers … Continue Reading

DOJ to Increase and Strengthen Criminal Worker Safety Prosecutions

With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations.  In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced a plan to deter workplace safety violations through more stringent criminal prosecution.  Under the new plan, the DOJ will work … Continue Reading
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