OSHA HEADLINES

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Thursday, August 29, 2016

Vol XCIII, No. 311

OSHA’S ENFORCEMENT INITIATIVES

What To Expect From OSHA In 2016 And Beyond …

We can expect that OSHA will continue to increase issuing citations under the General Duty Clause and the multi-employer worksite doctrine.

We can also expect OSHA to continue to focus its attention on the training and protection provided to temporary employees, especially under OSHA’s Powered Industrial Truck (forklift) standard, Personal Protective Equipment (PPE) standards and Lockout Tagout (LOTO) regulations. OSHA has also been stepping up its workplace heat illness initiative and Arc flash / Arc burst.

INCREASED OSHA PENALTIES

The new bipartisan budget, passed by both the House and the Senate and signed by President Obama on November 2, 2015, contains provisions that will raise OSHA penalties for the first time in 25 years.

Current August 2016

Previous Current

•Other than Serious violations: $7,000 $12,471

•Serious violations: $7,000 $12,471

•Willful violations: $70,000 $126,000

•Repeat violations: $70,000 $126,000

Serious hazard means any condition or practice which would be classified as a serious violation of applicable federal or state statutes, regulations or standards, based on criteria contained in the current OSHA field instructions or approved State Plan counterpart, except that the element of employer knowledge shall not be considered.

Tomorrow – your reward for working safely today. ~Author Unknown

NEW GLOBALLY HARMONIZED SYSTEM (GHS) STANDARDS

POTENTIAL RECORDKEEPING RULE CHANGES

INCREASED USE OF THE GENERAL DUTY CLAUSE

Chemical end users must come into compliance with the new SDSs passed down from up-stream suppliers and manufacturers by June 1, 2016.

This rule would require employers to submit their injury and illness records “regularly,” electronically instead of only when OSHA requests them through a formal request on the OSHA 300 log.

Under the Occupational Safety and Health Act’s General Duty Clause, designated as section 5(a)(1), employers are required to protect employees from recognized workplace hazards that are correctible and likely to cause serious harm or death

OSHA thus has used the General Duty Clause to cite employers for a wide range of alleged hazards.

• With such disclosure, the OSHA 300 Log and supporting documents could be used to trigger OSHA inspections.
• In addition, the records would be made available to the public so anyone could see an employer’s injury and illness rates.
• This opens employers to risk of adverse public reaction if such information becomes available in the media, without understanding the context of the records and the complexity of the recordkeeping requirements so the public may erroneously construe the injury and illness rate as creating an unsafe workplace.

The Hazard Communication Standard affects nearly every employer, from chemical manufacturers to retailers to hotels whose employees work with cleaning agents. Employers need to be aware of their obligations to communicate hazards of chemical substance, and must have a process for updating existing labels, SDS, hazard assessments, and training programs to comply with HCS 2012.

including:

•ergonomics,

•illness due to exposure to heat and cold,

•arc flash/arc blast,

•combustible dust,

•chemicals and other hazardous materials for which there is no existing regulation, and

•fall protection.

New Recordkeeping Regulation

• Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017.
• These same employers will be required to submit information from all 2017 forms (300A, 300 and 301) by July 1, 2018. Beginning in 2019 and every year thereafter,

This will be an area to which employers should pay close attention.

Post-accident drug testing

Employer Action Required

Safety incentive programs

Big Changes Coming from OSHA

Safety incentive programs have also been a target of OSHA and are addressed by the rule. The concern is that employees may avoid reporting accidents in order to receive a safety incentive.

• This portion of the rule addresses OSHA’s ongoing concern that post-accident drug testing policies discourage employees from reporting an accident for fear that the employee will be sent for a drug test and fail.

Such program might be well-intentioned efforts by employers to encourage their workers to use safe practices. However, if the programs are not structured carefully, they have the potential to discourage reporting of work-related injuries and illnesses without improving workplace safety.”

Question & Answer

• OSHA’S ENFORCEMENT INITIATIVES " More Inspections"
• OSHA Penalties Are Going Up "close to doubled"
• GENERAL DUTY CLAUSE
• NEW GLOBALLY HARMONIZED SYSTEM (GHS) STANDARDS
• POTENTIAL RECORDKEEPING RULE CHANGES
• Post-Accident Drug and Alcohol Testing
• Safety Incentive Programs
• OSHA's FREE WORKPLACE POSTER

While the electronic reporting requirements do not go into effect until next year, the requirement to develop a “reasonable procedure” for reporting accidents (along with a review of post-accident drug testing and safety incentive programs) was scheduled to go into effect August 10, 2016, but is currently postponed. Further, covered employers are required to post the OSHA poster (previously optional).

• The final rule does prohibit employers from using drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses.

Employers may need to review their safety incentive programs and consider awards for following safety rules (e.g., reporting an accident), participating in safety training, providing new ideas for improved safety, etc., as an alternative to programs that reward those that are “accident-free.”

• The rule will also require employers to establish a “reasonable” procedure for employees to report work-related accidents and illnesses that does not discourage employee reporting.

Thank You.