As manufacturing technology has evolved, the industry has long waited for OSHA regulations to catch up. In particular, lockout/tagout requirements (LOTO) have never allowed the latest control circuit technologies to protect workers. In addition, until now, OSHA has not addressed safety issues involving the latest wave of robotics in the workplace. That change now appears to be underway.
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With congressional, media, and MSHA pressure to focus on black lung disease, mine operators should expect stringent enforcement of coal dust standards and potentially new regulation, as well. In the latest edition of Coal Age magazine, I take a look at the latest developments and offer some thoughts on how MSHA may respond.
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As I write in the current issue of Rock Products magazine, mining is an industry approaching zero, with record low fatality rates. But, enforcement doesn’t always follow risk. Mines account for only 0.5% of U.S. workplace fatalities but have 40% of federal safety dollars. Even within mining, mines with fantastic safety records are just as likely to get intensive MSHA inspections as those with severe problems. Is there a better way?
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In 2016, OSHA issued a serious citation to a private security guard firm that did not require its armed security guards to wear bulletproof vests. An ALJ tossed out the citation, but the story’s not over. OSHA has an appeal pending before the Occupational Safety and Health Review Commission. At stake: whether certain employers must require employees to wear bulletproof vests as personal protective equipment (PPE).
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It’s not too late for your company to participate in next week’s 6th Annual National Fall Prevention Safety Stand-Down. You can participate in a scheduled event in a location near year or plan your own. The Stand-Down runs from May 6th-10th.
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In a little-noticed “information collection” notice, MSHA asked for public comment about whether its petition for modification process is necessary, practical, or burdensome. Last week, Husch Blackwell’s Mining Coalition weighed in with ideas for how MSHA can reform the process.
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Though Safety Law Matters is all about workplace safety and health, we know many of you deal with employment law issues at your companies and wanted to flag an important blog post by our colleagues. This Spring, the Social Security Administration began sending employers “no-match” letters for W-2s that had mismatched names or Social Security Numbers (compared with SSA’s records). How should you respond?
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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.
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When Secretary of Labor Alexander Acosta testified before Congress earlier this month, he emphasized balancing safety agencies’ legal obligations and commitments with President Trump’s commitment to deregulation. Meanwhile, members from both parties on the Subcommittee of Labor, Health, Human Services, Education and Related Agencies of the House Committee on Appropriations focused heavily on $1.2 billion in proposed budget cuts at the Department of Labor (but not for OSHA or MSHA).
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You may have some work to do to prepare for your next accident. How you handle the minutes, hours, and days following an incident can determine what kind of mess you may be dealing with — or not — for years to come.
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