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.”

Continue Reading OSHA Pursues Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance and Unions Urge Enhancements to Final COVID-19 Safety Standard for Healthcare Workplace

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:

  • Legal and procedural processes of field inspections
  • The anatomy of a citation and how and why to challenge it
  • Necessary skills for mine operators and representatives to challenge an MSHA citation


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:

  • Spot inspections at coal and metal nonmetal mines with a history of repeated silica overexposures to closely monitor and evaluate health

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

On Monday, April 4, 2022, OSHA released a new memorandum to regional administrators regarding enforcement of OSHA’s rule requiring electronic submittal of injury and illness records.

Each week, the agency will be running a computer program to identify employers who might not be complying. While OSHA originally predicted almost half a million employers would need

MSHA finally has a new leader.  On March 29, 2022, the U.S. Senate confirmed by voice vote Christopher Williamson (Williamson) as Assistant Secretary for the Mine Safety and Health Administration (MSHA) at the Department of Labor. Williamson most recently has held the position of Senior Counsel to Chairman Lauren McFerran of the National Labor Relations