Optimum Article
Haz Comm 2.0: OSHA Announces Final Hazard Communication Rule
As you all know, the OSHA Hazard Communication Standard ("employee right to know") is one of the agency's oldest and most cited regulations. After years of discussion and comment, the regulation has been revised with various compliance obligations extending to 2016. The revised Final Rule was published on March 26, 2012 with an effective date sixty (60) days following publication. The enclosed article discusses the revisions and contains recommendations. Please feel free to use the article for training and to disseminate it within your organization.
OSHA Willful Citations Increase Employer Liabilities
This article focuses on OSHA's recent emphasis on the issuance of willful citations and to provide some guidance on steps that can be taken to avoid this liability. Please feel free to use this article within your organization for training and to circulate it to necessary individuals.
Defending Against a Speculative or Theoretical OSHA Citation
This article addresses a subject that has been vexing to employers, that is, what is OSHA's proof of an employee's "exposure" to a hazard that is sufficient to support a citation. Employers become frustrated when they are cited and there does not appear any reasonable basis to conclude that an employee was exposed to a hazard. This article will focus on citations that OSHA lost because the alleged exposure was based on "speculation" of "theoretical possibility" of exposure.
Environmental & Workplace Safety Audits: Creating & Preserving Legal Privileges
As you know, in this era of aggressive enforcement by OSHA, EPA and other regulatory agencies, employers are increasingly concerned about their potential liabilities and their compliance obligations. As a result, many employers seek the assistance of legal counsel for advice.
Fall Hazards: One of OSHA's "Big Three"
This article focuses on one of OSHA's "Big Three" hazards, falls. It discusses the applicable regulations as well as several recent decisions involving the regulations. Please contact us if you have any questions and feel free to use the article within your organization and in your publications.
Are you a Reasonably Prudent Employer? Court Lowers Burden of Proof for OSHA Citations
This article is a negative event for employers because it discusses a recent Court decision that lowers OSHA' s burden of proof to prove citations against employers. It arises out of a tragic case involving a construction site fatality. We encourage you all to read it since it illustrates how the agency may be able to prove a citation with little or no evidence of foresee ability of a hazard and no evidence of recognition of the hazard by the employer's industry. Please feel free to use it for training and circulate it within your organization.
The Importance of Employee Discipline - Reducing Injuries and Avoiding OSHA Citations
The recent appointment of David Michaels as the new head of OSHA signals an aggressive OSHA with an active enforcement agenda. For employers, this means more inspections and more citations. But it also means that a greater portion of citations issued will be of higher gravity: more Willful citations, more Repeat citations, and more citations issued under OSHA’s “egregious penalty policy,” which gives the agency the ability to issue separate citations on a per-instance or per-employee basis.
OSHA Enforcement - Willful Citations Increase Employer Liability Risk
OSHA’s current preference for willful violations is often at odds with the standard of proof required for a willful violation. A willful violation is committed either intentionally or with plain indifference to the requirements of the Occupational Safety and Health Act. This contrasts with a serious violation, which requires only that the employer “knew or should have known” of the violation. Willful violations carry higher civil penalties—up to $70,000 per violation compared with $7,000 for a serious violation—and can
Employer Job Hazard Assessments Under Attack: Best Practices For Conducting A Compliant Hazard Assessment
As employers expand and diversify their operations across a number of worksites, there can emerge a disconnect between the corporate headquarters and each individual location throughout the country. Sometimes, this disconnect manifests itself as a mindset in the employer’s health and safety programs such that a “one size fits all” solution to a workplace hazard generated by the corporate office does not accurately reflect hazardous conditions at satellite or field locations.
OSHA Compliance - Creating Legal Privileges for Company Investigations and Audits
With the recent appointment of David Michaels as the new head of OSHA, the Obama Administration has affirmed its commitment to workplace safety, with an increased focus on industrial hygiene. Dr.
