Category: Federal

April 27, 2016

New Health, Safety Data Drives Advocates’ Push For Stricter OSHA Policies

New federal health and safety data showing an increase in the number of workplace injury and deaths is prompting new calls from labor and other advocates for policymakers to strengthen OSHA’s policies and practices, including issuance of long-awaited standards, increased enforcement and inspection funds and…

April 21, 2016

Unions Craft Petition Seeking OSHA Rule Addressing Health Facility Violence

Bolstered by calls from top Democrats and a long-awaited congressional investigation, a broad coalition of labor unions is preparing a formal petition asking OSHA to set a comprehensive workplace violence prevention standard to protect healthcare workers. A source familiar with the issue says the coalition,…

April 19, 2016

Industry Urges Congress To Block Silica Rule To Force New OSHA Review

The National Association of Homebuilders (NAHB) is urging Congress to block OSHA’s silica rule until the agency has reconsidered the measure’s impacts on small businesses, a call that at least one key Republican lawmaker signaled he is prepared to support. “I urge Congress to consider…

April 11, 2016

OSHA Clarifies Enforcement Of Updated Hazard Communication Standard

OSHA in a recent letter of interpretation (LOI) has clarified aspects of its policy for enforcing the agency’s updated 2012 Hazard Communication Standard (HCS) after industry groups raised concerns about shipping existing stocks of covered chemicals that were already packaged and labeled to comply with…

April 6, 2016

Labor Groups’ Suit Over Silica Rule May Signal Push For Stricter Standards

A coalition of major labor groups is suing OSHA over its controversial rule setting new standards to limit occupational exposures to crystaline silica, suggesting they may push to strengthen the regulation even as industry groups argue the measure is unlawful because it is technologically and…

April 5, 2016

OSHA Draws Multiple Industry Challenges To Just-Promulgated Silica Rule

Just days after its promulgation, OSHA’s rule setting strict new standards for crystaline silica has drawn at least three separate appellate challenges from various industry groups, launching a process that will allow the groups to make the case that the new exposure limits that are…

March 31, 2016

OSHA Delays Controversial PSM Chemical Concentration Enforcement Policy

Facing industry litigation and congressional criticisms, OSHA has delayed until the end of the 2016 fiscal year implementation of its controversial policy for determining threshold concentrations for when some so-called Appendix A chemicals are subject to the agency’s process safety management (PSM) standard for highly…

March 22, 2016

OSHA’s Silica Rule Headed For Release After Clearing White House Review

OSHA’s high-priority but controversial final rule seeking to limit workers’ exposure to crystalline silica dust appears to be poised for imminent release after it cleared review by the White House Office of Management & Budget (OMB), usually one of the last steps before such regulations…

March 18, 2016

Citing Benefits, OSHA Warns Of Penalties For Avoiding Injury Reporting Rule

OSHA chief David Michaels is touting the benefits of the agency’s stricter injury reporting rule after its first-year of implementation, but is warning that the many businesses that are still avoiding the rule’s requirements could face increased noncompliance penalties once the agency raises its penalty…

March 17, 2016

Obama’s High Court Pick Seen As Deferential To Agencies — But With Limits

Appellate court judge Merrick Garland, President Obama’s pick to replace the late Supreme Court Justice Antonin Scalia, is widely seen as deferential to OSHA and other agencies — though he has ruled against OSHA in at least one high-profile enforcement action which the agency is…

March 16, 2016

DOJ Takes Steps To Bolster Civil Enforcement For Workplace Violations

The Justice Department (DOJ) is taking a series of steps to bolster its civil enforcement efforts against workplace violations under federal environmental laws, adding to its high-priority effort to step up criminal enforcement against workplace safety violations under the pollution control statutes. “We are strengthening…

March 10, 2016

Lawyers Warn Of Stepped Up OSHA Enforcement, Penalties

Two lawyers are warning employers to expected stepped up enforcement and penalties by federal workplace safety regulators and are urging industry to review their environmental health and safety plans to ensure they comply with relevant regulatory requirements. Lou Ferreira and Cory Haller, attorneys at Stoel…