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OSHA - General

Articles Discussing General Topics Under OSHA.

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OSHA Tweets Reminder of March 2 Deadline for OSHA 300A Summaries

Maynard Nexsen·

On January 7, 2020 OSHA used its Twitter account to remind covered employers to electronically submit the OSHA 300A summary for 2019 by no later than March 2, 2020. Covered employers for this purpose are those with establishments employing 250 or more workers and/or establishments employing 20 to 24

OSHA Collecting Final Input as it Considers Rule on Occupational Exposure to Beryllium in the Construction and Shipyard Industries

Littler·

On October 8, 2019, the Occupational Safety and Health Administration (OSHA) issued a new Notice of Proposed Rulemaking on Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 84 Fed. Reg. 53902 (Oct. 8, 2019). The proposed rule represents the latest in OS

OSHA Can’t Stop the Music, But Maybe Employers Should

Jackson Lewis P.C.·

On September 6, 2019, OSHA issued a letter of interpretation in response to an employers question regarding the use of headphones to listen to music on construction sites. The employer stated that some headphones are advertised as “OSHA approved” and asked whether OSHA had any specific regulation th

Hidden Costs of an OSHA Citation

Jackson Lewis P.C.·

Congress surprised employers when it increased Occupational Safety and Health Administration (OSHA) penalties nearly 80 percent in 2016. Today, a “serious” violation can cost up to $13,260, and a “willful” or “repeat” violation can cost up to $132,598. Those amounts will increase with inflation in J

U.S. House Passes Health-Worker Violence Bill; Presidential Veto Likely

Jackson Lewis P.C.·

On November 21, 2019, the House passed H.R. 1309, Workplace Violence Prevention for Health Care and Social Service Workers Act (the Bill), with notable bi-partisan support (251-158). If passed into law, the Bill would largely implement the State of California’s healthcare workplace violence standard

OSHA Warns Against Use of Music Headphones at Construction Sites

Maynard Nexsen·

A new guidance letter from the Occupational Safety and Health Administration (OSHA) states it is legal, but not necessarily advisable, for workers to use headphones to listen to music on a construction site even if the headphones are marketed as “OSHA approved.”

Federal OSHA Assumes Jurisdiction Over Cabin Crews Onboard Aircrafts

Jackson Lewis P.C.·

In 2013, the Federal Aviation Administration (FAA) issued a final policy statement outlining three areas that OSHA could regulate for cabin crewmembers on aircraft in operation. 78 Fed. Reg. 52848. This policy statement allows OSHA to apply its hearing conservation standard (29 C.F.R. § 1910.95), bl

Occupational Safety and Health Administration: 2019 in Review

Littler·

As 2019 comes to a close, the Occupational Safety and Health Administration (OSHA) remains active both on the regulatory and enforcement fronts, so employers must continue to be vigilant and proactive in their safety and health efforts. This Insight provides an overview of notable OSHA developments

Occupational Safety and Health Administration Releases FY 2019 “Top 10” List

Littler·

The Occupational Safety and Health Administration (OSHA) released its top 10 most frequently cited violations for Fiscal Year 2019. The list remains largely unchanged from last year’s.

OSHA Signals Its Regulatory Priorities in Fall Agenda

Jackson Lewis P.C.·

Twice a year, once in the spring and once in the fall, federal executive agencies, including OSHA, publish their expected rulemaking activity. Last week the Fall 2019 Unified Agenda of Regulatory and Deregulatory Actions was released. This agenda lays out the regulatory priorities of over 60 federal

Occupational Safety and Health Administration Fall Semi-Annual Regulatory Agenda

Littler·

The Occupational Safety and Health Administration’s (OSHA) short- and long-term regulatory agendas remain busy as we close out 2019 and enter 2020. The regulatory agenda is published twice a year and sets forth the Agency’s priorities over the upcoming 12 months. A few of the highlights are discusse

NACOSH To Meet in December

Jackson Lewis P.C.·

The National Advisory Committee on Occupational Safety and Health (NACOSH) will hold a meeting in Washington D.C. on December 12 starting at 9:30 am. NACOSH is comprised of 12 members appointed by the Secretary of Labor who advise, consult with, and make recommendations to the Secretary of Labor on

Winter Weather Advisory: Preparing for Safe Snow Removal from Rooftops and Other Elevated Structures

Goldberg Segalla·

now removal can be dangerous business, particularly when removing snow and ice from rooftops and other elevated structures. As we head into the winter season, now is a good time to review safe snow removal practices.

Injury and Illness Rates Unchanged in 2018

Jackson Lewis P.C.·

Each year, the Bureau of Labor Statistics (“BLS”) conducts the Survey of Occupational Injuries and Illnesses (“SOII”), collecting a sample of data from select employers to represent all industries and sizes of establishments. From that sample, BLS calculates national injury and illnesses rates for c

From Lagging to Leading–OSHA Finally Focuses on Leading Indicators to Improve Safety and Health in the Workplace

Goldberg Segalla·

OSHA has long focused on “OSHA recordables,” or the number of work-related injuries on an employer’s OSHA 30 log, to assess safety in workplaces. These lagging indicators have been denounced by safety and health professionals as reactive, and an ineffective means of measuring the effectiveness of an

Finally...OSHA Focuses on Leading Indicators in Safety & Health

Jackson Lewis P.C.·

Recently, OSHA announced its intention to hold a stakeholder meeting in Washington D.C. next month to obtain information to create tools to help employers with developing and using leading indicators for safety and health.

OSHA Releases Annual “Top 10”

Jackson Lewis P.C.·

With the end of the federal government’s fiscal year having ended on September 30, OSHA recently released the top ten violations for fiscal year 2019. Generally, this list does not change much from year to year with the top three violations tending to be fall protection, hazard communication, and sc

OSHA Recommends Best Practices to Prevent Whistleblower Retaliation

Jackson Lewis P.C.·

You might be surprised to learn that the Occupational Safety and Health Administration (OSHA) enforces 22 different whistleblower protection laws. This includes laws governing workplace safety and health at construction, manufacturing, energy generation or distribution and other worksites. It also i

Criminal Charges and OSHA–Employers Should Take Care

Goldberg Segalla·

Any employer in New York is likely aware that OSHA can, and often does, issue monetary penalties for health and safety violations occurring at an employer’s place of business. Employers are also likely aware that in certain instances, they can even face criminal sanctions for certain actions. Under

OSHA Approves New Quantitative Fit Testing Protocols

Jackson Lewis P.C.·

Pursuant to 29 C.F.R. § 1910.134(f) employees are required to be fit tested prior to wearing tight-fitting respirators and the fit test administered must be using an OSHA-accepted fit test protocol. Appendix A to § 1910.134 outlines the procedures employers are required to use for fit testing and ap