Occupational Safety and Health NewsAlert

OSHA ISSUES NEW NATIONAL EMPHASIS PROGRAM FOR CHEMICAL FACILITIES

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 25
©2011 Jackson Kelly PLLC

 

        On November 30, 2011, the Occupational Safety and Health Administration (“OSHA”) issued a new National Emphasis Program (“NEP”) for chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals.  According to Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels, the program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.

  

OSHA ESTABLISHES NATIONAL EMPHASIS PROGRAM DIRECTED AT PRIMARY METAL INDUSTRIES

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 10
©2011 Jackson Kelly PLLC

 

          On May 19, 2011, the Occupational Safety and Health Administration (“OSHA”) issued a new directive establishing a National Emphasis Program (“NEP”) for the Primary Metal Industries.  The primary metal industries include businesses engaged in the smelting and refining of both ferrous and non-ferrous metals and facilities that manufacture nails, spikes, insulated wires and cables, steel piping, sheets and bars, copper, and aluminum products.

 

REVIEW COMMISSION HOLDS THAT OSHA CAN LOOK BACK FIVE YEARS FOR RECORDKEEPING VIOLATIONS

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 9
©2011 Jackson Kelly PLLC

       The Occupational Safety and Health Review Commission (the “Review Commission”) recently decided the case of AKM LLC d/b/a Volks Constructors, 23 OSHC 1414 (March 2011), holding that employers may be found in violation of the Occupational Safety and Health Act (“OSH Act”) for inaccuracies in their OSHA 300 Logs occurring anytime during the five-year retention period of the records.  

 

OSHA WITHDRAWS FEASIBILITY INTERPRETATION OF OCCUPATIONAL NOISE

For clients and friends of Jackson Kelly PLLC

Volume 7, Number 4

©2011 Jackson Kelly PLLC

 

        In response to concerns raised during the public comment period, the Occupational Safety and Health Administration (“OSHA”) announced on January 19, 2011 that it is withdrawing its October 19, 2010 proposed “Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise.”  The October 19, 2010 interpretation was intended to clarify the term “feasible administrative or engineering controls” and to require the use of such controls in all cases where noise levels exceed established thresholds unless the cost of doing so would threaten an employer’s ability to stay in business.  See Jackson Kelly PLLC’s November 17, 2010 Occupational Safety and Health News Alert, for a more thorough summary of the proposed interpretation.

OSHA RESCINDS FALL PROTECTION COMPLIANCE GUIDELINES FOR RESIDENTIAL CONSTRUCTION

For clients and friends of Jackson Kelly PLLC

Volume 7, Number 2

©2011 Jackson Kelly PLLC 

 

        The Occupational Safety and Health Association (“OSHA”) recently issued directive STD 03-11-002 rescinding directive 03-00-001, the Interim Fall Protection Compliance Guidelines for Residential Construction, effective on June 18, 1999. Under the new directive, employers engaged in residential construction must comply with 29 C.F.R. § 1926.501(b)(13).

 

NEW OSHA INTERPRETATION ON FEASIBLE ADMINISTRATIVE AND ENGINEERING CONTROLS FOR OCCUPATIONAL NOISE

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 37

©2010 Jackson Kelly PLLC

 

        In October, the Occupational Safety and Health Administration (“OSHA”) published its proposed “Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise.” 75 Fed. Reg. 64216 (Oct. 19, 2010). The guidance reflects OSHA’s change in its interpretation of noise standards, found at 29 C.F.R. §§ 1910.95(b)(1) and 1926.52(b) (which are substantively identical), which require that “feasible administrative or engineering controls be utilized” when employees are exposed to sound exceeding specified thresholds. The standards provide that, where such controls are ineffective, “personal protective equipment (“PPE”) shall be provided and used to reduce sound levels” to within prescribed levels. OSHA has requested comments on the new interpretation, due by December 20, 2010. 

OSHA REVISES RECORDKEEPING NATIONAL EMPHASIS PROGRAM

For clients and friends of Jackson Kelly PLLC

Volume 6,  Number 34

©2010 Jackson Kelly PLLC

 

         On October 16, 2009, Jackson Kelly PLLC issued a news alert regarding the Occupational Safety and Health Administration’s (“OSHA”) initiation of a National Emphasis Program (“NEP”) for Recordkeeping. OSHA issued directive 10-07(CPL 02) on September 28, 2010, a revised Recordkeeping NEP with an expiration date of February 19, 2012. The new directive has the same focus to assess the accuracy of injury and illness data recorded by employers. The significant changes for the new directive include: 

NEW PENALTY POLICIES FOR OSHA WILL RESULT IN INCREASED PENALTIES FOR EMPLOYERS

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 11

©2010 Jackson Kelly PLLC

 

        On April 22, 2010, Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, issued a memorandum to all Regional Administrators regarding “administrative enhancements” to OSHA’s penalty policies.  The administrative enhancements will become effective over the next several months.  Dr. Michaels estimates that the average penalty for a serious violation will increase from approximately $1,000 to an average of $3,000 to $4,000.  These changes are establishing general agency policy and do not preclude the agency from assessing a different penalty where appropriate.  The changes include:

OSHA’S STRATEGIC PLAN FOR FISCAL YEARS 2010-2015

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 8

©2010 Jackson Kelly PLLC

 

            The Occupational Safety and Health Administration (“OSHA”) recently unveiled its draft strategic plan for the next six years.  This plan is independent of the “Protecting America’s Workers Act” currently pending in Congress.  OSHA’s goals include (1) reducing the number of fatalities associated with the four leading causes of workplace deaths: falls, electrocutions, caught in or between, and struck by; (2) increasing the number of targeted hazards abated, including hearing loss in manufacturing, illnesses in general industry, and construction and workplace amputations; and (3) increasing worker and employer awareness of OSHA rights, responsibilities, and programs.

EIGHTH CIRCUIT SIDES WITH OSHA REGARDING MULTI-EMPLOYER CITATION POLICY

For clients and friends of Jackson Kelly PLLC

Volume 5, Number 7

©2009 Jackson Kelly PLLC

 

On February 26, 2009, the U.S. Court of Appeals for the Eighth Circuit upheld OSHA’s multi-employer worksite policy for controlling employers.  Solis v. Summit Contractors, Inc., No. 07-2191 (8th Cir. Feb. 26, 2009).  The decision vacates an Occupational Safety and Health Review Commission (“Review Commission”) ruling which held that under 29 C.F.R. § 1910.12(a) OSHA could not cite a general contractor that neither created nor exposed its employees to a hazard.