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
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
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
As a result of the Bipartisan Budget Act of 2015 (Budget Act), the Occupational Safety and Health Administration (OSHA) will increase its maximum civil monetary penalties for the first time since 1990. The Budget Act requires federal agencies, including OSHA, to annually adjust civil monetary penalties based on the Consumer Price Index. Because OSHA has … Continue Reading
In August 2015, OSHA updated its National Emphasis Program (NEP) on Amputations. Based on a review of data from general industry as well as targeted industries, OSHA determined that workplace amputations were being underreported. OSHA updated the NEP on Amputations to target all workplaces with machinery or equipment capable of causing amputations. OSHA defines “amputation” … Continue Reading
It seems like so long ago (just over three years, to be exact) that OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS). But an important HCS deadline is fast approaching – it is time to say goodbye to the Material … Continue Reading
It is my pleasure to announce that the Manufacturing Law Blog will have two new authors going forward. With the departure of our friend and colleague, Pam Elkow, Matt and I have asked Megan Baroni and Earl Phillips to join our team. Both Megan and Earl are members of our firm’s Environmental + Utilities Group, … Continue Reading
A good way to get a sense of OSHA’s priorities and focus is to look at the citations it’s recently issued. So this post will highlight just a few of the recent enforcement actions by OSHA Region 1 (MA, CT, VT, NH and ME). Bantam, Conn. – U.S. Chutes Corp. was cited for nine repeated … Continue Reading
Matt set a pretty high bar last week, summarizing his thoughts for what could be a tumultuous 2015 on the labor and employment front. Now, it’s my turn to provide some thoughts for 2015 the EHS front. I’m not sure I’d call all of these predictions, since we know that they’re out there – more … Continue Reading
Obviously, our blog focuses on issues that affect manufacturers. Specifically, my posts deal with environmental or health and safety issues manufacturers face. Sometimes, though, it’s good to step back and remember that manufacturers are also companies that occupy buildings and have employees, and there are environmental or health and safety issues that just go along … Continue Reading
Last week, I had the pleasure of attending our law firm’s 6th Annual Environmental & Energy Issues Summit in Newport, Rhode Island. Robinson+Cole’s Environmental and Energy Issues Summit brings industry leaders together to discuss topics and regulatory updates relevant to environmental and energy professionals. This year’s program included subjects such as “Plant Closures, Temporary Employees, … Continue Reading
Everyone knows that the permissible exposure limits or PELs set forth in various OSHA standards are pretty old (most have not been updated since 1971), and that we’ve learned a lot about chemical exposure and human health in the years since those PELs were originally published. OSHA knows it, too. Furthermore, of the thousands of … Continue Reading
OSHA just announced updates to its reporting and recordkeeping requirements for injuries and illnesses, found at 29 CFR 1904. The updates include changes to who is required to comply with the recordkeeping rules, and expands the work-related injuries that must be reported. Recordkeeping The list of industries exempt from routine recordkeeping (think OSHA 300 log) has … Continue Reading
Last week, Pam addressed the issue of temporary workers from an EHS perspective. Now, in this installment of one of our “360” posts, I’ll comment on the liability risks of having temporary employees. First, an introductory note. I understand from my conversations with manufacturing executives that many companies need to use staffing agencies in order to locate skilled workers. In most cases, companies … Continue Reading
We occasionally write what we refer to among ourselves as a “360” post, as in 360 degrees, or looking at an issue from all sides. I’ll write about EHS, Nicole about labor or employment issues, and Jeff will focus on other potential liability, all associated with a single factual scenario. The way the law and … Continue Reading
A lesser known resource for smaller businesses that want to understand their potential safety and health hazards is the OSHA consultation service. Separate and distinct from OSHA’s inspection efforts, which can result in citations and proposed penalties, OSHA’s consultation service is intended to help a business identify potential hazards. Manufacturers have taken advantage of this … Continue Reading
As we approach the end of 2013, here is a list of legal reminders that we often think about with respect to our manufacturing/distributing clients: Pam (OSHA/Environmental): Resiliency – This will be one of the new watch words in 2014. It means being prepared for the unexpected, like unusual weather events. Is your business prepared? … Continue Reading
OSHA recently announced its new online complaint filing process for whistleblowers making it easier to file complaints against manufacturers on a 24-hour basis. OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health … Continue Reading
Two short posts today – new proposed regs, and a reminder Pam: OSHA is proposing significant changes to the recordkeeping associated with injuries and illnesses. OSHA is proposing a rule that will require electronic reporting on a much more frequent basis. First, OSHA is proposing that workplaces more than 250 employees who are already required … Continue Reading
Last week, we discussed the new OSHA “Annotated Permissible Exposure Limits,” which OSHA announced in a press release dated Thursday, Oct. 24. In the same press release, OSHA announced its new “Safer Chemical Tool Kit” for employers. The idea is to go beyond compliance, and substitute, reduce, or even eliminate chemical hazards. This is not a … Continue Reading
In a press release dated Thursday, Oct. 24, OSHA let industry know that it was issuing guidance for employers in the form of “Annotated Permissible Exposure Limits.” Recognizing that its published Permissible Exposure Limits or PELs (i.e., the concentrations of chemicals to which an employee can be safely exposed during a work shift) are often … Continue Reading
Did you know…. your compliance history (and other information about your company or your site) is readily available on USEPA and OSHA’s websites, as well as many state environmental agency websites. Envirofacts, at EPA, has the most information. Someone can search the “Multisystem” database, or by various topic searches: air, waste, facility, land, toxics, compliance, … Continue Reading
It’s rare enough to read about OSHA in the New York Times, but the front page of the Business Section? Reading my coffee Saturday morning, this was the headline: New Rules Would Cut Silica Dust Exposure. So, this is news, and pretty big news. OSHA’s taken its time, but on Friday, it finally announced its … Continue Reading
Last week, OSHA announced that it cited Republic Steel for 24 safety violations at one of its mills. Fifteen of the 24 violations were willful. The background regarding OSHA’s actions are described in the article in EHSToday, which is a useful website for anyone interested in safety issues. David Michaels, assistant secretary of labor for … Continue Reading
