Occupational Safety and Health NewsAlert

MSHA AND OSHA RELEASE SEMI-ANNUAL REGULATORY AGENDAS

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 2
©2012 Jackson Kelly PLLC

 

          On Friday, January 20, 2012, the Department of Labor (“DOL”) released its semi-annual Regulatory Agenda.  The agenda includes numerous proposed items for both the Mine Safety and Health Administration (“MSHA”) and Occupational Safety and Health Administration (“OSHA”). 

 

HOUSE PASSES TWO ANTI-REGULATORY ACTS—THE REGULATORY FLEXIBILITY IMPROVEMENTS ACT AND REGULATORY ACCOUNTABILITY ACT.

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 29
©2011 Jackson Kelly PLLC

 

        On December 1, 2011, the House passed the Regulatory Flexibility Improvements Act of 2011 (H.R. 527), which amends the Regulatory Flexibility Act of 1980.  Supporters of the legislation stated that the legislation is intended to ensure a complete analysis of potential impacts on small of entities of new rulemaking.  Others openly admitted it is an attempt to reign in new rulemaking by regulatory agencies.  The primary features of the bill include:

OSHA ISSUES INTERIM FINAL RULE EXPANDING EMPLOYEE PROTECTIONS FOR WHISTLEBLOWERS

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 23
©2011 Jackson Kelly PLLC

            

           The Occupational Safety and Health Administration (“OSHA”) has issued an interim final rule amending its regulations concerning employee protection for retaliation or “whistleblower” claims for providing information to persons regarding fraud against shareholders.  76 Fed. Reg. 68084 (Nov. 3, 2011).  The most significant change made in the interim final rule extends the time that employees have to file a complaint under Section 806 of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”) whistleblower provisions.  Employees will now have 180 days ‑ instead of 90 days ‑ after the date on which a Sarbanes-Oxley violation occurs, or when the employee became aware of the violation, to file a retaliation or “whistleblower” complaint.  

 

DOL’S REGULATORY AGENDA INCLUDES AMBITIOUS PLANS FOR OSHA

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 14
©2011 Jackson Kelly PLLC

      

        The Department of Labor (“DOL”) recently released its semi-annual Regulatory Agenda, and it includes numerous proposed items for the Occupational Safety and Health Administration (“OSHA”).  Key items for each agency include the following:

OSHA PROPOSES CHANGES TO ITS REPORTING REQUIREMENTS

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 12
©2011 Jackson Kelly PLLC

 

          On Wednesday June 22, 2011, the Occupational Safety and Health Administration (“OSHA”) announced in a Notice of Proposed Rulemaking, an update and revision of two aspects of the agency’s recordkeeping and reporting requirements (29 C.F.R. § 1904) for work-related injuries and illnesses. 76 Fed. Reg. 36414 (June 22, 2011).  The most significant change involves the eight hour reporting requirement for serious injuries and fatalities under § 1904.39.  The other involves the manner by which OSHA determines partially exempt industries from the recordkeeping standards under § 1904.2.

 

OSHA TEMPORARILY WITHDRAWS PROPOSED COLUMN FOR WORK-RELATED MUSCULOSKELETAL DISORDERS

For clients and friends of Jackson Kelly PLLC

Volume 7, Number 5

©2011 Jackson Kelly PLLC

 

        In what many hope is becoming an increasing trend, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced on January 25, 2011, that it has temporarily withdrawn from review by the Office of Management and Budget, its proposal to restore a column for work-related musculoskeletal disorders (“MSDs”) on employer injury and illness logs. At this time it is unclear whether this action, and the prior withdrawal of the proposed interpretation on occupational noise, is in direct response to President Obama’s Executive Order requiring federal agencies to consider the costs and benefits of a regulation and choose the least burdensome path. 

 

OSHA’S COMPREHENSIVE CRANES AND DERRICKS IN CONSTRUCTION RULE NOW IN EFFECT

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 35

©2010 Jackson Kelly PLLC

 

        On November 8, 2010, many major provisions of the Occupational Safety and Health Administration’s (“OSHA”) rule regarding the use of cranes and derricks in construction went into effect. The new rule contains over 40 separate sections of detailed requirements, which requires employers to be in compliance with regulations governing crane assembly, crane operation, inspections, and operator training and certification. 

 

OSHA’S NEW PENALTY POLICY SCHEDULED FOR OCTOBER START

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 27
©2010 Jackson Kelly PLLC

    On September 14, 2010, Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration (“OSHA”) announced at the Occupational Safety and Health Review Commission annual judicial conference that OSHA’s new policy regarding “administrative enhancements” to proposed penalties will go into effect in October 2010.

 

PROPOSED CHANGES TO OSH ACT TUCKED INTO MINE SAFETY PROPOSAL

            Congressman George Miller, Chairman of the House Committee on Education and Labor, has released a “discussion draft” of a bill which would make significant changes to the Federal Mine Safety and Health Act of 1977.  The last thirty pages of the proposed “Mine Safety and Health Act of 2010” proposes to amend the Occupational Safety and Health Act of 1970 (“OSH Act”).

HEARING HELD ON OSHA REFORM LEGISLATION

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 4

©2010 Jackson Kelly PLLC

            On March 16, 2010, the House Subcommittee on Workforce Protections held a hearing to consider changes to the Occupational Safety and Health Administration (“OSHA”) reform legislation, H.R. 2067, Protecting America’s Workers Act, which was introduced in April 2009.  Identical legislation is pending in the Senate.