Category: Federal

September 1, 2015

Solicitor’s Office: ‘Economic Realities’ Key OSHA Test Of Joint Employer Status

Labor Department lawyers have drafted a policy for OSHA to determine whether a joint employer relationship exists between franchisors and franchisees that includes several key tests, including an analysis of “economic realities,” according to an internal document obtained by Inside OSHA Online. The draft policy…

August 26, 2015

Judge Blasts ‘Reckless’ OSHA Action, Overturns Citations Against Maritime Firm

A judge in throwing out OSHA’s citations against a Texas shipbreaking operation criticized the agency in unusually strong language as he reversed the penalties, finding agency officials had acted “recklessly” by misrepresenting their intent to abide by an agreed-upon 60-day abatement period stemming from an…

August 26, 2015

OSHA Reaches Landmark Settlement With Nursing Care Center On Safe Patient Handling

OSHA has landed a significant agreement with an Ohio nursing care facility that stipulates new policies and procedures for safe lifting and repositioning of residents — a step forward in the agency’s efforts to tackle the growing issue of ergonomics in health care through enforcement…

August 18, 2015

OSHA Hits Companies With Large Fines Over Asbestos, Makes Cross-Agency Referrals

OSHA signaled a willingness to take tough enforcement action and widely publicize alleged willful infractions of the agency’s asbestos standards, hitting two Illinois construction companies and a manager with nearly $2 million in proposed fines, alleging numerous violations of the longstanding regulations. One of the…

August 18, 2015

ExxonMobil Fire Leads To Heavy Cal/OSHA Fines, Deeper Scrutiny Of Refinery Safety

Cal/OSHA hit ExxonMobil with more than $566,000 in proposed fines stemming from the February blast at the company’s Torrance, CA, facility that injured four workers, an incident that sparked renewed national attention to refinery safety and that led the state to form a task force…

August 13, 2015

Contractors To White House: Back Off On Orders Like ‘Safe Workplaces’ Screening

Several groups of federal contractors banded together early this month to tell the White House that President Obama should refrain in the “foreseeable future” from issuing executive orders that could negatively impact contractors, just as the administration rolls out a new policy requiring agencies to…

August 5, 2015

OSHA Poised To Unveil Beryllium Proposed Rule, Likely Limited To General Industry

OSHA reportedly is set to release on Thursday a long-anticipated proposed rule tackling worker exposures to beryllium, a standard that sources tell Inside OSHA Online has been crafted only to apply to general industry and not to the construction and maritime sectors, where the metal…

August 4, 2015

OSHA Pursues Tough Policy On ‘Willful’ Report Violations, Cites Maximum Penalty In TX Case

OSHA delivered a clear message to employers Wednesday (July 22) that it will aggressively enforce new worker hospitalization reporting rules by determining if employers willfully flouted the law and potentially hitting them with egregious citations, holding up a recent Texas case charging that a company…

August 4, 2015

OSHA Planned Rule Aims To Surmount Court Decision Over Time Limits On Recordkeeping Citations

OSHA plans through a newly proposed rule — which sources say will almost certainly be disputed — to overcome a key federal appeals court decision three years ago that killed a longtime agency policy stance that inaccurate OSHA logs continued to violate recordkeeping regulations every…

August 4, 2015

OSHA Warns Employers Of Potential Eyewash Station Water Contamination

OSHA is lodging concern about the safety of water used in emergency eyewash stations, noting the possibility of numerous infections that can result from using contaminated water and raising the possibility that the issue will be increasingly scrutinized by compliance officers, and specifically citing voluntary…

July 22, 2015

OSHA Backtracks On Medical Tape As Medical Treatment After Pressure From Sports Trainers

OSHA has reversed an earlier policy that classified the use of kinesiology tape as an OSHA recordable medical treatment, deciding instead that it qualifies as first aid — backing down after agreeing to the sports training industry’s request to review information about how the medical…

July 22, 2015

OSHA Clarifies Several Aspects Of Hazcom Enforcement, But Policy Details Draw Concern

OSHA’s newly produced enforcement policy for the 2012 update to hazard communication (hazcom) standards makes several strides in clarifying for both field staff and affected employers the circumstances under which alleged violations of the rule could be cited, sources say, but industries are concerned about…