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.
OSHA
Clearing up confusion on OSHA’s safety incentive program policy (the “pizza party” rule)
By Avi Meyerstein on
Posted in OSHA, Rulemaking news
Based on questions we’ve fielded from clients, it seems many are understandably unsure what OSHA’s current position is on safety incentive programs. Here’s a quick rehash to clear it all up.
Countdown to 2019 NSSGA AGG1 Aggregates Academy & Expo, February 12-13, in Indianapolis
By Jeff Ramsey on
Next week – on February 12 and 13 – Husch Blackwell attorneys Erik Dullea, Phil Bower, Avi Meyerstein, Hal Perloff and Brian Waagner will be presenting at the 2019 NSSGA AGG1 Aggregates Academy & Expo in Indianapolis on a number of topics. Please join us if you are at the event.
Top 10 questions (and answers) about OSHA’s new record-keeping rule
By Avi Meyerstein on
Posted in OSHA, Rulemaking news
Last week, the years-long saga of OSHA’s 2016 injury and illness record-keeping rule took another turn, leaving many employers confused about what injury records they must submit to OSHA. In this quick-and-easy FAQ, we clear up the confusion with answers to the top 10 questions about OSHA’s new injury and illness records rule.
Nominees for safety agencies OSHA and FMSHRC sent back to the Senate. Will they pass (and when)?
By Avi Meyerstein on
The White House has re-nominated several safety agency nominees, whose nominations expired when the last Congress adjourned. These include Scott Mugno, nominated to serve as OSHA’s leader, and three nominees to be judges on the Federal Mine Safety and Health Review Commission (FMSHRC).
Cannabis infused-product manufacturer cited by Cal/OSHA
By Donna Pryor on
Posted in Enforcement updates, 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 to expect in workplace safety in 2019
By Avi Meyerstein on
As the calendar pages turn over to a new year, many wonder what to expect from workplace safety and its regulators in 2019. Here’s our run-down of 8 key areas where we expect to see action in the months ahead.
Will OIG report lead to greater OSHA and MSHA enforcement?
By Avi Meyerstein on
A report at the end of last year by DOL’s Office of Inspector General highlights what OIG considers major challenges for OSHA and MSHA in fulfilling their missions. The report also provides a window into where the workplace safety agencies may focus their energies in 2019 – and where employers may face increased risks of enforcement and other liability.
Deleting a single word in OSHA standard could upend lockout/tagout
Posted on
Posted in OSHA, Rulemaking news
OSHA may be considering a major change to its lockout/tagout (“LOTO”) rule, which dictates how companies across industries design and service equipment. By deleting a single word, OSHA may force significant changes and increase enforcement and company liability.
OSHA regulatory agenda details robust workplan
By Avi Meyerstein on
Posted in OSHA, Rulemaking news
In October, OSHA published its regulatory agenda, listing all regulatory actions under consideration. Consistent with the current administration’s stated focus on regulatory reform, OSHA calls many of the rulemaking actions “deregulatory” and says that many are either completed or have moved into the final rule stages.