A regular MSHA citation that hits all the high notes in terms of penalty points will cost as much as $72,620 in 2019 (based on company size, prior violations, negligence, and gravity), MSHA announced yesterday. A flagrant MSHA violation – the most severe – will now cost $266,275.
Nominees for safety agencies OSHA and FMSHRC sent back to the Senate. Will they pass (and when)?
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
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 can MSHA do about powered haulage? Husch Blackwell’s Mining Coalition weighs in.
When MSHA asked in a request for information (“RFI”) for data, experiences, and ideas on how to reduce “powered haulage” accidents, the implication of many of the RFI questions was that MSHA is looking to push mines to adopt new 21st-century technologies, such as object detection and collision avoidance systems. In response, Husch Blackwell’s Mining Coalition submitted detailed comments last month that outlined programs, strategies, and technologies that operators have found to be successful – and those that haven’t yet worked.
What to expect in workplace safety in 2019
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?
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
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.
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.
OSHA regulatory agenda details robust workplan
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.
OSHA rolls back guidance on drug testing and incentive programs
OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision clarifies and walks back guidance that potentially penalized employers for certain drug testing policies and safety incentive programs.