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Jim Stanley

12 July

Legal challenge to injury and illness data reporting rule

  • Posted by Jim Stanley
  • Categories OSHA, Recordkeeping

OSHA’s new, misguided requirement for detailed electronic reporting of injury and illness data by employers has come under legal challenge by a coalition of trade associations, employers and an insurance company.

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23 June

OSHA whistleblower pilot program uses shaming penalty

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

OSHA is experimenting with adding another weapon to its “shaming penalty” arsenal with a pilot program in its Midwest region called the Whistleblower-Severe Violator Enforcement Program. The OSHA whistleblower pilot program is similar to the existing Severe Violator Enforcement Program, …

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11 April

OSHA’s Use of General Duty Clause in a Way Never Intended

  • Posted by Jim Stanley
  • Categories Articles, OSHA

As illustrated by the Cooper Tire & Rubber case, OSHA has used the General Duty Clause in a way never originally intended.

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08 March

Is a trench a permit-required confined space?

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

A question sometimes comes up as to whether a trench or other excavation is a permit-required confined space under OSHA standards. The answer in broad terms is no, even though conditions in a trench can sometimes resemble those in a …

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11 January

OSHA violations: Back door to higher penalties and criminal prosecution

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

Employers cited for workplace safety or health violations could find themselves facing significantly higher penalties and possible felony prosecution under a new federal initiative to use alleged OSHA violations as a launching point to investigate whether companies are also violating environmental laws.

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06 January

OSHA settlement sometimes needs a second opinion

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

OSHA continues to cite employers aggressively, and at the same time is suggesting and frequently mandating certain types of abatement. This may overstep their authority, but many employers enter into a formal or informal OSHA settlements trying to avoid expensive litigation and abate alleged violations following agency’s suggestions or mandates.

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20 November

OSHA’s misguided view on safety incentive programs

  • Posted by Jim Stanley
  • Categories OSHA, Recordkeeping

OSHA is again taking a misguided stand against safety incentive programs as part of an effort to protect workers from retaliation for reporting injuries or illnesses.

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19 November

Some small employers exempt from regular OSHA inspections

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

Small employers may not realize that they may be exempt from “programmed” OSHA inspections if they employ 10 or fewer employees and operate in a low-hazard industry.

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04 November

Maximum OSHA fines to go up substantially

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA, Uncategorized

If you are like me, when you first heard that Congress and the President had agreed upon a bipartisan budget bill that would fund the government for the next two years, you said to yourself, “It’s about time.” But as proof that nothing comes free, buried deep in the bill is a provision that will raise the maximum OSHA fines by over 50 percent in 2016.

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30 October

OSHA gives GCs new duties for confined spaces

  • Posted by Jim Stanley
  • Categories OSHA

General contractors at construction sites are being held to a higher level of responsibility for coordinating the safety activities of contractors when it comes to confined spaces in what may be a little-noticed provision of a new OSHA standard.

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