OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance.
Prior to the close of the Obama administration and after much anticipation, the Environmental Protection Agency (“EPA”) issued its final rule overhauling the Risk Management Plan
For our general industry employers, you have new fall protection standards. As the Occupational Safety and Health Administration uses the term, “general industry” means all employers not in construction, agriculture, or maritime industries.
By April 1, 2017, all employers in California operating in the following areas will be required to comply with Section 3342, the Workplace Violence Prevention in Health Care rule: health care facilities; home health care programs; drug treatment programs; emergency medical services; and outpatient medical services to correctional and detention settings.
In March 2016, the United States Government Accountability Office (GAO) published a report titled: Workplace Safety and Health and Additional Efforts Needed to Help Protect Health Care Workers from Workplace Violence.
OSHA Issues Final Rule “Clarifying” the Ongoing Obligation to Make and Maintain Accurate Records of Work-Related Injuries and Illnesses
OSHA finalizes rule to “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.
Today OSHA announced that it will publish in the Federal Register a rule on Monday that clarifies that an employer’s duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation, and does not arise solely at the time the injury or illness occurred.
Texas District Court Denies Injunction of OSHA’s Final Rule Regarding Post-Accident Drug Testing and Injury Reporting
On November 28, 2016, the United States District Court for the Northern District of Texas denied industry employers’ efforts to enjoin OSHA from beginning to enforce portions of OSHA’s May 2016 final rule that purports to prohibit, among other things: 1) disciplinary action against employees for not immediately reporting work-related injuries or illnesses; and 2) blanket, automatic post-accident/injury drug and alcohol testing.
In the face of mounting evidence of the widespread extent of workplace violence in the healthcare and social assistance sector, OSHA announced in the Federal Register on December 7th, 2016, that it is assessing the need for “a standard aimed at preventing workplace violence in healthcare and social assistance workplaces perpetrated by patients or clients.”
It may come as no surprise, but employees working in private industry are less likely to suffer an injury or illness than those in state and local government.