Back in January, we posted about the Occupational Safety and Health Administration’s (“OSHA”) intention to convene a Small Business Advocacy Review Panel (“SBAR Panel”). This Panel would help decide whether OSHA should enact a Prevention of Workplace Violence in Healthcare and Social Assistance standard.
Continue Reading OSHA Continues to Pursue Healthcare Workplace Violence Rule
According to Bloomberg Law, Assistant Secretary of Labor for MSHA, Chris Williamson, has stated that beginning this month the agency will resume a practice that ended in 2020 – publicizing the names of mines targeted for impact inspections. Every month, MSHA conducts targeted inspections at mines that according to the agency merit increased attention due to their compliance history or “certain compliance concerns.” Past monthly targeted inspection results are published on the MSHA website.
Continue Reading MSHA to Renew Practice of Publicizing Mines Targeted for Impact Inspections
The average mine operator now spends over $20,000 per year on citations and penalties. In this must-attend conference, learn how to reduce or eliminate fines with the added benefit of improved safety conditions. Within the context of increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and their findings.
New Occupational Safety and Health Administration (OSHA) enforcement guidance set to take effect on March 27, 2023, will expand OSHA’s authority to issue instance-by-instance, or “IBI,” citations. Since 1990, OSHA has issued such IBI citations only upon finding “egregious willful violations,” but the new guidance – set forth in OSHA’s January 26, 2023 memorandum – permits OSHA to issue IBI citations for certain “high-gravity” serious violations.
Continue Reading New OSHA Enforcement Guidance to Expand Issuance of Instance-By-Instance Citations
The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries. Healthcare workers have faced a significant increase (63% from 2011-2018) in the incidence of violent and aggressive acts in the workplace, according to the Bureau of Labor Statistics and the Association of American Medical Colleges. According to OSHA, “nonfatal workplace violence is more widespread in the Healthcare and Social Assistance Standard than in any other industry.”
On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative agencies. According to the Fall 2022 Agenda, the Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) are pursuing a long list of thirty regulatory actions, similar to the Spring 2022 agenda, including the addition of a rule regarding Procedures for Use of Administrative Subpoenas in OSHA investigations.
Continue Reading OMB Releases Regulatory Agenda for Fall 2022 for OSHA/MSHA/DOL
In January 2022, a worker in a Massachusetts cannabis cultivation facility died because of “the hazards of ground cannabis dust,” according to a report issued by the Occupational Health and Safety Administration (OSHA). The OSHA accident investigation report states “Filling pre-rolls She said she couldn’t breathe. Not being able to breathe Marijuana kief (dust) At
The average mine operator now spends over $20,000 per year on citations and penalties. In this must-attend conference – Alternative Case Resolution Initiative (ACRI) – learn how to reduce or eliminate fines with the added benefit of improved safety conditions. Within the context of increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and their findings.
This two-and-a-half-day workshop includes breakfast and lunch and will cover:
Continue Reading Understanding MSHA Litigation and Saving Costs
MSHA has announced a new enforcement initiative regarding overexposure to respirable crystalline silica.
The silica enforcement initiative is intended “to take immediate action to reduce the risks the silica exposure.” The initiative will include:
As a follow up to our April 28, 2022 post, MSHA has now published information about the Enhanced Enforcement Program on the agency’s website. Please reach out with any questions to a member of Husch Blackwell’s Safety and Health team.
On May 3, 2022, OSHA held a stakeholder meeting regarding the development of a nationwide occupational heat standard to prevent heat injuries and illness. The meeting featured opening remarks by Assistant Secretary of Labor, Doug Parker, Secretary of Labor, Marty Walsh, and Deputy Assistant Secretary of Labor, Jim Frederick.
Continue Reading OSHA Hosts Stakeholder Meeting on Heat-Related Hazards