The Department of Labor (“DOL”) announced a notice of proposed rulemaking on August 29, 2023, concerning who employees can authorize to act as their representative during Occupational Safety and Health Administration (“OSHA”) workplace inspections. Continue Reading OSHA Announces Proposed Rulemaking Regarding Authorized Employee Representation During Inspections
A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.
Donna has extensive experience in the production of precious metals, aggregates, cement, industrial minerals, coal, salt, potash, phosphate, granite, limestone, and oil and gas. She combines her legal skills and government knowledge with her litigation prowess for clients facing complex problems.
MSHA has published the proposed silica rule on their website. Among other things, MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full shift exposure, calculated as an 8-hour time-weighted average for all miners.Continue Reading MSHA Releases Proposed Silica Rule
On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced that it has begun a National Emphasis Program (NEP) to prevent and reduce fall-related injuries and fatalities for people working at heights in all industries. Continue Reading OSHA Announces National Emphasis Program to Prevent and Reduce Workplace Falls
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.Continue Reading Understanding MSHA Litigation
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…