OSHA says it will increase enforcement with a revised National Emphasis Program (NEP) for trenching and excavation because of an increase in fatalities. According to the Bureau of Labor Statistics, trenching and excavation deaths nearly tripled between 2011 and 2016 (130 deaths in all in that time). The revised NEP will add enforcement, compliance assistance, and outreach programs.

Continue Reading Digging in deeper: OSHA raises enforcement on trenching and excavation

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.

Continue Reading Recent case highlights key to defending MSHA immediate reporting citations: Totality of the circumstances

According to a recent court opinion, last month MSHA reached a settlement with a mining company that included removing the company from the list of operators with a “pattern of violations” (POV). While a 3-1 majority of the Federal Mine Safety and Health Review Commission agreed to dismiss the case, one commissioner dissented strongly.

Continue Reading MSHA removes mine from POV status in settlement and retiring commissioner objects

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.

Continue Reading Strengthening its cooperative approach, OSHA updates Voluntary Protection Program

Last month, OSHA’s administrator for Region VII issued a press release announcing the agency’s intention to counter the increase in work-related fatalities in Kansas, Missouri and Nebraska. During the current fiscal year (Oct17-Sep18), OSHA has investigated 34 fatalities in these states.  Sadly, that number has continued to rise in the weeks since the press release was issued.  What can we learn from this announcement?

Continue Reading What fatal accidents are on the rise in OSHA Region VII?

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.

Continue Reading Eight Circuit pushes ALJ’s reasoning over the highwall

OSHA’s new final silica rule that dramatically reduces allowable exposures to respirable crystalline silica takes effect this week for most employers. In particular, the rule kicks in on June 23, 2018 for employers in general industry, maritime companies, and hydraulic fracturing (“fracking”) in the oil and gas industry (for fracking, engineering controls still do not take effect until June 2021).

Continue Reading OSHA silica rule takes effect this week with 30-day grace period

Kim Slowey of Construction Dive reviews the top 10 OSHA penalties in construction under the Trump administration. She notes that while the new OSHA’s news releases may be toned down from the prior administration’s, “that doesn’t mean OSHA stopped citing and fining companies.”

Continue Reading Top 10 OSHA construction penalties under Trump administration: $271k to more than $1.5m