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Enforcement

22 September

Suit challenges union participation in OSHA walk-arounds

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

OSHA’s policy of allowing union representatives to accompany agency compliance officers in walk-around inspections of worksites, even if the union doesn’t represent company employees, is being challenged in a lawsuit filed by the National Federation of Independent Businesses. The agency …

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21 September

Time is now to review your drug testing policy

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

OSHA’s Nov. 1 start date for enforcing its new record-keeping rule is drawing close, and employers need to pay particular attention to their drug testing policy related to workplace accidents.

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18 July

Appeals court lowers bar for OSHA willful violations

  • Posted by Jim Stanley
  • Categories Enforcement, OSHA

Recent decisions from the 7th U.S. Circuit Court Appeals — which covers Illinois, Indiana, and Wisconsin — have lowered the burden of proof required for OSHA willful violations.

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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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19 May

New OSHA recordkeeping rule: Urgent need for employer review

  • Posted by FDRsafety
  • Categories Enforcement, OSHA, Recordkeeping

Thanks to a new OSHA recordkeeping rule, employers urgently need to take a close look at their employee handbooks, safety policies and procedures, safety incentive programs, and drug testing policies. The rule, which was issued late last week and goes …

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21 April

Rapid Response Investigations: Beware of OSHA Safe Harbor

  • Posted by FDRsafety
  • Categories Enforcement, OSHA, Recordkeeping

Employers should pay close attention to OSHA’s recent revisions to its enforcement procedures on injury reporting, particularly those dealing with Rapid Response Investigations.

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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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27 January

OSHRC rules on “unexpected energization” in LOTO standard

  • Posted by Mike Taubitz
  • Categories Enforcement, OSHA

In a significant decision, the Occupational Safety and Health Review Commission has ruled that OSHA’s lockout/tagout standard cannot be applied where unexpected energization cannot occur.

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22 January

Avoiding common OSHA recordkeeping mistakes

  • Posted by FDRsafety
  • Categories Enforcement, OSHA, Recordkeeping

The deadline is approaching for annual recordkeeping reporting to OSHA. When completing these forms, it is important to know some of the most common OSHA recordkeeping mistakes that could result in enforcement action. Here are the top five:

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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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