Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late.
No matter how low hazard your business - or your commonsense efforts to protect employees from serious injuries, you may be unaware of routine, seemingly "picky" OSHA violations. And they can cost you tens and hundreds of thousands of dollars. Consider the experience of chain retailers and the millions in OSHA penalties issued. Let's talk specifically about restaurants - really god ones.
The changes to MSHA’s workplace examination rule governing metal and nonmetal mines have garnered significant attention. Stakeholders fought back against the original proposed rulemaking, and MSHA delayed implementation three times. Following outcries from operators, numerous comments, and even litigation, on April 9, 2018, MSHA published its final amended regulation governing “Examinations of Working Places in Metal and Nonmetal Mines.”
Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased penalties that OSHA can now levy may be the reason.
After reading the May 8 Quest Diagnostics annual Drug Index for over 10,000,000 2017 test results, one could be forgiven for thinking that we've traveled back in time to the same problems of the 80s and 90s - rising Marijuana use, a return of cocaine, and jaw dropping increases in Meth positive results in some areas. Employer should use this data to refine their testing efforts and to rework drug policies and related procedures to reflect the increased challenges posed by new Marijuana laws and changes in drug use.
On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA’s new electronic recordkeeping and reporting rule.
We enjoy recognizing groups who provide solid information about better management and effective safety programs and culture. Part I discusses concerns raised about an employer's exposure to safety and legal harm related to vehicles and discussion of ways to attack addiction before discipline or physical harm occurs.
This late March Safety Update or Round Up contains detailed discussion of the challenges faced by contractors working on site at a plant during shut downs or during normal production. OSHA will hold the contractor to the same level of knowledge of the site as the owner, and the contractor must recognize this unfairness and take the necessary steps. We also talk about Safety Minutes and recent safety-legal issues. As always, if you are interested in updates on media, podcasts, books, wine, beer and movies, visit howardmavity.com for those topics.
As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called for increased gun control, including a ban on assault-style rifles like the AR-15 and universal background check requirements for all firearms transactions. Others have called for fewer restrictions on law-abiding gun owners’ ability to carry concealed firearms at their places of work and on public property, arguing that additional guns on the scene often prevent unnecessary harm.
On February 21, the Occupational Safety and Health Administration (OSHA) issued new interim enforcement procedures, provided below, regarding failure to submit electronic injury and illness records.