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.
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.
What happens when technology and practice exceed MSHA regulations?
By Donna Pryor on
Posted in MSHA, Rulemaking news
Many of the MSHA regulations that are currently in effect were written in the 1970s; at that time in history, digital meant using your fingers (digits). Since then, technology has become so advanced that the regulations do not even address the latest hazards involved in mining.
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.
MSHA updates its penalties, topping out at $266,275 per violation
By Avi Meyerstein on
Posted in Enforcement updates, MSHA
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)?
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 can MSHA do about powered haulage? Husch Blackwell’s Mining Coalition weighs in.
By Avi Meyerstein on
Posted in MSHA, Rulemaking news
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
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.