T:1-888-755-8010  E: info@FDRsafety.com

T: 1-888-755-8010
E: info@FDRsafety.com

 

Occupational Safety Blog

By Jim Stanley, former No. 2 official at OSHA and President of FDRsafety


Archive for September, 2009

A strong analysis of the Kennedy OSHA bill

September 9th, 2009

As detailed in other entries on this blog, a bill introduced by the late Sen. Edward Kennedy (D-Mass) would have a huge impact on occupational safety law, broadening the scope of those covered and increasing penalties, among other things.

The law firm of McDermott Will & Emery has published an excellent analysis of the bill, which may be viewed by clicking here.

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Details on far-reaching scope of Kennedy OSHA bill

September 1st, 2009

Proposed changes to the Occupational Safety and Health Act, which I wrote about in an earlier post, are quite far-reaching. Besides expanding coverage of the act to all federal and state government employees and some local government workers, it would allow those injured in work-related accidents to participate in OSHA inspections of the employer. It would also, among other things, allow employees and unions to contest settlements between OSHA and employers that withdraw or modify citations and increase the penalties for “repeat and willful” violations.

Rod Smith and Pat Miller of the Sherman & Howard law firm have prepared an excellent summary of the provisions of the bill, which was introduced by the late Sen. Edward Kennedy (D-Mass.) and Rep. Lynn Woolsey (D-Calif.).

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What to expect from OSHA’s new emphasis on recordkeeping

September 1st, 2009

If luck doesn’t go your way and your company receives a recordkeeping inspection as part of OSHA’s new one-year National Emphasis Program (NEP) that has just started, the inspection will have three main components.

1) Records review of:

  • All available records for each employee sampled (medical records, workers’ compensation records, absentee records, audiograms). Do not forget to insist that OSHA obtain a Medical Access Order before you release any records containing private medical information.
  • The OSHA 300 log, 300A summary and 301 incident report (or the equivalent).

2) Interviews of:

  • Employees, management, healthcare providers, etc.
  • Management concerning the current recordkeeping process.
  • Management concerning any incentive programs that may deter recording of injuries and/or illnesses.

3) Limited inspection walk-around:

  • Investigate if recorded injuries and/or illnesses correlate with the actual work environment.
  • Address and cite safety or health violations in plain view.

For further information on what to expect, refer to the post: Getting ready for an OSHA inspection.

If you need recordkeeping advice:

Employers may call me free of charge for a limited consultation about recordkeeping issues. Call me at (513) 317-5644.

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