It’s that time of year again – for covered employers to post the OSHA 300A, i.e., a summary of the total number of job-related injuries and illnesses that occurred last year. The OSHA 300 Log is not required to be posted, only the summary. Employers with ten or fewer employees and employers in certain industry groups are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements. A complete list of exempt industries in the retail, services, finance, and real estate sectors is posted on OSHA’s website.
Read MoreNew Year: New OSHA Penalties, Full Commission and New Top Ten List
As we start the new year, following the Federal Civil Penalties Inflation Adjustment Act which Congress passed in 2015, OSHA announced revised increased maximum penalty levels effective January 15, 2020:
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OSHA’s Redesigned Whistleblower Protection Program Website
OSHA recently announced it redesigned the website for its Whistleblower Protection Program which is found at https://www.whistleblowers.gov/
The website now includes a video that highlights the industries the program covers and provides essential information about the rights and responsibilities of employers and employees such as filing deadlines. Read More
Soft Tissue Massage Considered First-Aid for OSHA Recordkeeping Purposes
Most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. However, minor injuries requiring only “first aid” generally do not need to be recorded. OSHA’s definition of “first aid” is a complete listing of all treatments considered first aid. Read More
Distracted Driving and OSHA
Although there is no specific standard generally covering distracted driving, OSHA has made clear that the general duty clause may apply. Indeed, OSHA has stated that more workers are killed each year in motor vehicle crashes than any other cause. However, despite this finding, many businesses do not have formal distracted driving policies. Read More
Robots and OSHA
In Will Smith’s hit movie, I, Robot set in 2035 robots were allegedly governed by the Three Laws of Robotics which were originally created by Isaac Asimov. The first law states, “[a] robot may not injure a human being or, through inaction, allow a human being to come to harm.” This law is not followed in the movie (or at least only a very strained interpretation of it) by certain robots and Will Smith needs to come to the rescue of humanity. Read More
It’s a Bird… It’s a Plane… It’s OSHA?
According to a recent report by Bloomberg Law, OSHA used camera-equipped drones for nine inspections so far in 2018. The Bloomberg report cites to OSHA guidance that indicates the drones were often used at worksites following an accident where it was too dangerous for CSHO’s to enter or be nearby and included an oil drilling rig fire, a building collapse, a combustible dust blast, an accident on a television tower, and a chemical plant explosion. Needless to say, the use of drones and likely increase of such use in an OSHA inspection raises some novel issues that need to be considered by employers. Read More
Black Friday: Great Deals, Long Lines and OSHA’s General Duty Clause
Some may remember in 2008, OSHA issued a general duty citation against a national retail store when one of its employees was knocked to the ground and crushed by a crowd of about 2,000 shoppers surging into the store for a holiday sales event. Of course, OSHA does not need a fatality to issue a general duty citation. Read More
By the Numbers : Business as Usual for OSHA
According to initial data from OSHA, workplace inspections under the Trump administration in the fiscal year 2018 are about the same as in the final year of the Obama administration. OSHA has conducted 32,020 inspections in 2018, down approximately 1% from the fiscal year 2017. Read More
What’s an “establishment” under OSHA?
On July 20, 2018, OSHA published a proposed rule to rescind the requirement for establishments with 250 or more employees to electronically submit information from the OSHA 300 Log and 301 form and added a requirement for covered establishments to include the Employer Identification Number with their submissions. These establishments will continue to be required to submit information from their Form 300A summaries. Public comments are due by September 28. Read More