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.
Eight Circuit pushes ALJ’s reasoning over the highwall
Here’s an all-too-familiar story with an all-too-uncommon ending. An MSHA inspector saw equipment positioned a certain way, assumed that someone had used it unsafely in that position, and issued a citation. A judge then upheld the citation by giving more weight to the inspector’s assumption than to the worker’s sworn testimony about how he acted safely. But, in this case, the mine operator refused to accept that unfair result. They appealed… and won.
New Metal/Nonmetal Workplace Exam Rule Goes into Effect Tomorrow
Yesterday we attended one of the last MSHA Stakeholders Meetings regarding the new Metal/Nonmetal workplace exam rule. In case you were unable to attend any of the meetings, the PowerPoint presented at the sessions can be found here. The Inspector training and Frequently Asked Questions document prepared by the agency are also available on
MSHA announces more workplace exam stakeholder meetings
MSHA has announced an additional in-person meeting and two video teleconferences to provide outreach and compliance assistance on the new workplace examination rule for metal and nonmetal mines. One of the video conferences occurs after the new examination rule takes effect on June 2nd.
Coming Soon! Revised Workplace Exam Rule for Metal/Non-Metal…
Assistant Secretary of Labor David Zatezalo has announced that a new workplace examination rule for metal and non-metal mines will be effective on June 2, 2018. The new rule has not yet been published.
On-demand webinar: How to handle whistleblowers and disgruntled employees
Our next webinar “rewind” brings us to a recent presentation on whistleblower strategies. Whistleblower complaints filed under the Occupational Safety and Health Act and the Mine Safety and Health Act are on the rise nationwide. How should you handle disgruntled employees to minimize risk?
House Subcommittees Discuss the Impacts of Opioids in the Workplace
Today the House Subcommittee on Health, Employment, Labor, and Pension and the Subcommittee on Workforce Protections held a joint hearing on how the opioid epidemic is affecting workplaces and communities. Members heard about how employers are impacted by the epidemic and how they are addressing opioid misuse via workplace drug testing. Witnesses discussed how employers
U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question
For those following environmental rules, our colleague, Phil Bower, reported this week about Monday’s Supreme Court decision on the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”). The Court unanimously held that challenges to the rule belong in a U.S. district court, not a court of appeals.
FedEx VP Tapped to Lead OSHA
The Trump Administration is expected to nominate Scott Mugno, a FedEx Vice President (of Safety, Sustainability and Vehicle Maintenance), to lead OSHA. Mugno is an attorney that started his career with FedEx in 1994. Mugno is expected to be nominated as the Assistant Secretary of Labor and would have the leadership role at OSHA.
Top 10 OSHA Violations for 2017
OSHA has announced the top 10 most frequently cited workplace safety regulations in fiscal year 2017. The top 5 standards remain the same as last year, with slight movement in the rankings of other standards. Employers should consider using this list as guidance for their workplace safety programs and their internal compliance audits.