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.