A new Nevada law will soon prohibit employers from denying employment to job applicants who test positive for marijuana use in pre-employment drug testing. What does this mean for your company and its safety sensitive positions?
Dazed by the complexity of state and federal marijuana laws? How to maintain safety without tripping over legal obstacles.
The nation’s largest drug testing laboratory, Quest Diagnostics, recently released its latest data on the the number of workers and job applicants who tested positive for drugs in the U.S. workforce. According to the data, marijuana use in the workforce climbed 10% last year to 2.3% according to an analysis of 10 million urine, saliva
As we mark National Heat Awareness Day, is a heat stress standard on the horizon?
May 31 is National Heat Awareness Day, according to OSHA and the National Weather Service. This year, the day falls at a time when the rules about preventing heat illness may be in flux. In fact, after OSHA lost a recent case to use its general duty clause to make heat exposure enforceable, state and federal authorities are talking about creating a heat stress regulation.
Marijuana at work? As state law develops, time to revisit policies.
When medical marijuana first started to become legal, many employers in mining and other safety-sensitive industries adopted zero-tolerance policies. After all, safety at these work sites is critical. But, new court decisions are calling this approach into question.
OSHA penalties are going up. Repeats will cost up to $132,598 in 2019.
As of the end of last month, OSHA citations will cost you more. The Department of Labor published the official version of the Final Rule for the Federal Civil Penalties Inflation Adjustment Act Annual Adjustment for 2019, which adjusts civil penalties for inflation. Federal law requires the annual adjustment to occur each year by January 15th. This year’s publication was delayed due to the partial government shutdown.
What happens when technology and practice exceed MSHA regulations?
Many of the MSHA regulations that are currently in effect were written in the 1970s; at that time in history, digital meant using your fingers (digits). Since then, technology has become so advanced that the regulations do not even address the latest hazards involved in mining.
Cannabis infused-product manufacturer cited by Cal/OSHA
Can OSHA inspect cannabis facilities? Some cannabis cultivators and manufacturers believe they are exempt from OSHA visits because the Federal government does not recognize cannabis as a legal drug. According to a recent case in California, the government disagrees.
What’s on MSHA’s agenda? Rulemaking.
On October 17, 2018, OIRA published the fall regulatory agenda for MSHA. The major regulatory priority on MSHA’s agenda continues to be an examination of the protections provided to reduce underground miners’ exposure to diesel exhaust and refuge alternatives for underground coal mines. The MSHA/NIOSH Diesel Health Effects Partnership convened its third meeting in July 2018 and attracted 50 stakeholders from across the industry spectrum to chart an effective path for change.
Recent case highlights key to defending MSHA immediate reporting citations: Totality of the circumstances
One unique challenge on mine sites is the rule requiring a phone call to MSHA within 15 minutes of certain serious accidents. Operators otherwise consumed with emergency response must make quick, on-the-scene judgments about whether a miner’s medical condition is life threatening. With 20/20 hindsight, MSHA often disagrees with their decisions and issues citations. A recent case vacating a 15-minute reporting citation is a reminder that there are often good grounds to contest such allegations.
Strengthening its cooperative approach, OSHA updates Voluntary Protection Program
As the Trump Administration pursues its agenda of de-regulation, OSHA issued a policy memo recently, reversing course on a key part of its approach to the Voluntary Protection Program (VPP). According to a May 30th memo, which revised a 2013 policy (“Memorandum #7”), OSHA will no longer automatically issue an Intent to Terminate Notice (ITT) to companies on VPP when certain events occur. Instead, the agency will take a more deferential and conciliatory approach to overseeing VPP participants. The changes implemented by the May 2018 memo took effect immediately.