OSHA Archives

Aug 23, 2023

OSHA Issues Heat Hazard Alert and Steps Up Enforcement

OSHA has issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces. The Department also announced that it will intensify its enforcement where workers are exposed to heat hazards with increased inspections in high risk industries like construction and agriculture. OSHA has not yet finalized a heat specific workplace standard, but is issuing the alert to remind employers that they have a duty to protect workers by reducing and eliminating hazards that expose workers to heat illness or injury under the General Duty Clause. Even without… Read more

Apr 1, 2021

OSHA Adopts National Emphasis Program (NEP) in Lieu of Adopting Emergency Temporary Standards to Address COVID in the Workplace

On March 15, OSHA adopted an NEP in response to President Biden’s Executive Order directing the agency to come up with a national program for COVID-19 enforcement priorities. The NEP directs OSHA to conduct programmed inspections at work sites where employees have a higher frequency of close contact exposures and COVID outbreaks. Industries targeted for heightened scrutiny fall into two categories: (1) establishments in certain NAICS Codes which OSHA has identified as having higher rates of exposure; or (2) industries having an elevated illness rate based upon 2020 OSHA illness reporting data. Many NAICS Codes on the list are related… Read more

Jan 2, 2019

OSHA Clarifies When Post-Accident Drug and Alcohol Testing is Permitted

In an October 11, 2018 memorandum to Regional Administrators, OSHA clarified that 29 C.F.R. § 1904.35(b)(1)(iv), which prohibits employers from retaliating against employees for reporting work-related injuries or illnesses, does not prohibit post-incident drug testing. When the 2016 rule was originally promulgated, OSHA took the position that employers could not use “drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses.” Instead, employers were limited to using drug testing only when there was a “reasonable possibility” that drugs or alcohol contributed to the workplace accident or injury. Under its… Read more

Nov 7, 2018

OSHA Court Case Shows Limits on Safety Inspections

A recent ruling by the Eleventh Circuit Court of Appeals could limit OSHA’s ability to search for other hazards when investigating an accident. Many employers have traditionally allowed OSHA inspectors to expand their inspection to areas in the workplace not directly related to the accident under investigation, leading them to identify other hazards that often result in additional penalties. However, a Georgia poultry plant challenged this practice when OSHA showed up to investigate an accident involving a worker being burned. An attorney for the chicken plant refused to allow the inspector to walk through the plant to examine the tools… Read more

Jan 2, 2018

OSHA’s Silica Exposure Standard Upheld on Most Grounds

On Friday, December 22, the U.S. Court of Appeals for the District of Columbia Circuit ruled on challenges to OSHA’s new silica exposure standard, rejecting all challenges by industry and one of the challenges by labor unions, but finding that OSHA was arbitrary and capricious in failing to offer good reasons for not including “medical removal protection” allowing doctors to recommend removal of workers at risk from silica exposure. North America’s Building Trades Unions v. Occupational Safety and Health Administration, case #16-1105, D.C. Cir. 12/22/2017. In its ruling, the D.C. Circuit also: Upheld the Silica Exposure Standard’s reduced Permissible Exposure… Read more

Nov 1, 2017

EPA Enforcement Action Signals Heightened RMP Oversight

In August, EPA announced a Consent Order with ChemArt Company of Lincoln, Rhode Island to correct alleged violations of EPA’s Risk Management Program (RMP) under the Clean Air Act. The Consent Order included a civil penalty of $221,326 and a supplemental environmental project (SEP) requiring ChemArt to reduce its stockpile of hazardous materials, including chlorine, and to update manufacturing equipment to reduce the likelihood and consequences of a release. In the waning days of the Obama Administration, EPA issued a final rule updating the RMP and imposing new requirements. On June 14, the Trump Administration EPA issued a final rule… Read more

Oct 4, 2017

OSHA’s Enforcement of the Respirable Crystalline Silica in Construction Standard: What to Expect

On September 23, 2017, the Occupational Safety and Health Administration (“OSHA”) began enforcement of the new respirable crystalline silica in construction standard, codified at 29 CFR § 1926.1153. This standard establishes a new 8-hour time-weighted average Permissible Exposure Limit (“PEL”) of 50 μg/m3, an action level of 25 μg/m3, and a “host of ancillary requirements.” In a recent letter of interpretation, Thomas Galassi, Acting Deputy Assistant Secretary to OSHA Regional Administrators, announced that for the first thirty (30) days of enforcement, “OSHA will carefully evaluate good faith efforts taken by employers in their attempts to meet the new construction silica standard.”… Read more

Sep 5, 2017

Should You Evacuate Your Workplace During Hurricane Irma?

During your preparations for the oncoming Hurricane Irma, you may be trying to decide whether to leave some employees in place at your facility or to evacuate the entire workforce. The question may be asked, what does the law require? Like so many other questions during an emergency, the answer likely is: “good judgment.” There are no specific OSHA regulations requiring for employees to stay or evacuate during a hurricane. OSHA does, however, require that employers provide a safe workplace and working environment for employees. During a hurricane, that may mean evacuating employees from the facility in order to keep… Read more

Jan 24, 2017

Is Your Company’s Drug Testing Policy Compliant with OSHA’s New Rules?

Authored by Darren Rowles and Scott Cahalan Occupational Safety & Health Administration (“OSHA”) requires that employers inform employees about how to report occupational injuries and illnesses.[1] OSHA recently updated its rules to clarify that the reporting method required by employers must include (1) a “reasonable procedure” for employees to report work-related injuries and illnesses, and (2) not discriminate or retaliate against employees who report such injuries or illnesses.[2] A procedure is unreasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness.[3] OSHA’s rationale for the new rules is to encourage employees to… Read more