Tag Archives: regulation

General Safety Issues

COMING ATTRACTIONS: CERTAIN ENFORCEMENTS ON OSHA STANDARDS

3 Comments

Under the Occupational Safety and Health Act of 1970, OSHA’s role has been to assure safe and healthful working conditions for working men and women.  OSHA has the authority to enforce standards developed under the Act, assist and encourage States in their efforts to carry out such conditions.  Working under the Department of Labor, OSHA provides research, information, education and training, focusing on keeping America’s workers safe.

Through the years, the role of OSHA has been diverse, but here are some of the changes in industrial safety standards brought about in past years:

  • Making sure there are guards on moving parts of machinery.
  • Permissible exposure limits to hazardous chemicals.
  • Confined space regulations.
  • Lockout/Tagout procedures.
  • Workers’ exposure to bloodborne pathogens.
  • Safety restrictions when involved with excavations and trenches.
  • Asbestos exposure standards.
  • Using Personal Protective Equipment, as required.

According to Hilda Solis, current United States Secretary of Labor, “We are strengthening our efforts to be vigilant in protecting the rights and safety of workers by hiring additional enforcement personnel, and revising and improving our regulatory efforts.”  Employers would be wise to take note of the following current considerations being addressed by OSHA:

  • If the Protected American Workers Act (now pending before Congress) passes, there will be enhanced civil and criminal penalties, changes in abatement requirements, expansion of victims’ rights, and revision to whistleblower structure. This may result in significant repercussions for American employers.
  • The national employer record program was announced by OSHA on October 1, 2009, requiring more scrutiny of the company’s ability to properly prepare OSHA logs, reporting workplace incidents, injuries and illnesses.
  • Another mandate from OSHA is requiring uniformity in the language of ALL settlement agreements- language that uses the settlement process as a way to get employers to agree to undertake more obligations.
  • OSHA issued a final rule allowing citations be given employers on a “per employee basis” for failure to wear/use required Personal Protective Equipment.
  • On April 29, 2009, OSHA announced it would initiate rulemaking on combustible dust hazards.
  • The issue of ergonomic hazards will be revisited by the Obama administration.
  • OSHA is seeking to align its Hazardous Communication Standard with the provisions of the United Nations Globally Harmonized Standard of Classifying and Labeling of Chemicals.

While employers face many challenges in their daily operations, the safety and well-being of their employees should come first.  Organized safety meetings, planning, hazard assessments, risk management, and ensuring compliance are just part of the steps to be taken to create a safe work environment.   In the event of a company mishap, OSHA will be knocking on the door to make sure that all safety policies and procedures were followed.

General Safety Issues

NEW OSHA CRACKDOWN

2 Comments

(O.S.H.A.)-Occupational Safety and Health Administration’s role is to assure safe and healthful working conditions for working men and women.

Here is valuable information regarding seven significant OSHA standards that will have an impact on American employers:

1. Recordkeeping: On October 1, 2009, OSHA announced its national emphasis program on recordkeeping. This emphasis program will include greater scrutiny of employer maintained OSHA logs, whether employers are recording all workplace recordable injuries/illnesses, and more.

2. Annual verification of lockout/tagout procedures: OSHA will focus on whether employers are complying with the requirement to conduct periodic inspections (at least annually) of the energy control procedures as required by 20 CFR 1910.147 (c)(6)(i).

3. A general lockout/tagout policy does not comply with OSHA regulations: Employers must have a separate lockout/tagout procedure for each piece of different equipment.

4. Combustible dust standard: On April 29, 2009, OSHA announced it would initiate rulemaking on combustible dust hazards. OSHA will issue an Advanced Notice of Proposed Rulemaking and convene related stakeholder meetings to evaluate possible regulatory methods, and request data and comments on issues related to combustible dust.

5. Per employee penalties for PPE and training violations: OSHA has issued its final rule allowing OSHA to cite employers on a “per employee basis” for failure to wear/use required personal protective equipment (PPE). This rule went into effect January 12, 2009, and applies to PPE and training. As a result, an employer who has failed to properly train employees or who has employees not wearing or using PPE may receive a citation per employee.

6. Liability of general contractors for hazards they did not create and/or where their own employees were not exposed: In February 2009, the Eighth Circuit Court of Appeals a certain case held that OSHA regulations do not preclude OSHA from issuing citations to a general contractor under the multi-employer citation policy simply based on the fact that the general contractor “controls” the worksite regardless of whether or not the general contractor created the hazard or had its own employees exposed to the hazard.

7. OSHA settlement agreements and additional employer obligations: Employers should be aware that OSHA is mandating uniformity in the language of ALL settlement agreements. Additionally, OSHA is including in all settlement agreements language that seeks to use the settlement process as a way to get employers to agree to undertake additional obligations.

Safety should be the #1 priority chosen by all employers.  Taking the time for proper safety meetings and training for on-the-job accident prevention is not nearly as costly as just one tragic accident.

Source: ProfessionalDevelopmentUniversity.com