Archives

Supreme Court: CWA JD Is Final Agency Action

In a ruling with no dissent—although several brief, separate, concurring opinions were filed—the U.S. Supreme Court found that an approved jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) about the Clean Water Act (CWA) status of a property is a final agency action subject to judicial review.

Is Paint a Hazardous Waste?

Q. We spray paint small items such as pumps and motors and puncture the empty paint cans to capture the remaining teaspoon or so of paint that is placed in a drum. Is this remaining paint a hazardous material, and if so, how should we label the drum?

OSHA Tweaks the Employee Reporting Requirements in Its Recordkeeping Standard

The most talked-about changes to OSHA’s new recordkeeping standard are its data submission requirement and OSHA’s intent to publish that data in a searchable online database. However, the Occupational Safety and Health Administration (OSHA) also revised the requirements in the rule that affect workers’ right to report work-related injuries and illnesses, and employers’ responsibility to […]

Matters of Public Record: OSHA Will Publish Employer’s Injury and Illness Data

In the latest update to its recordkeeping rule (29 CFR Part 1904), the Occupational Safety and Health Administration (OSHA) will for the first time require employers to submit the injury and illness records that they are required to collect. But that’s not the only thing OSHA will begin doing in January 2017 when the rule’s […]

Q&A: Electronic Recordkeeping Rule

Recently, we received the following question from a subscriber about OSHA’s new Electronic Recordkeeping rule: What is the new OSHA tracking rule all about, and when will it go into effect? This was our response:

Q&A: Flammable Liquids in Spray Bottles

Recently, one of our subscribers asked the following question: We have a lacquer thinner solution, a Category 2 flammable liquid, and plan to dispense it from an ordinary quart-sized spray bottle. The solution will be used as a cleaning solution; spray on and wipe off. Will this be a violation of any sort, NFPA or […]

OSHA Launches Pilot Program for Whistleblower Severe Violators

Recently, OSHA announced that it is launching a pilot program aimed at employers who “continually and willfully” disregard the right of whistleblowers. Called the Whistleblower Severe Violator Enforcement Program or W-SVEP, the program will be similar to the existing Severe Violator Enforcement Program, which includes employers that routinely ignore safety and health regulations. The pilot […]

Electronic Recordkeeping: Compliance Is Just a Few Clicks Away

Many employers with more than 10 employees have always been required by the Occupational Safety and Health Administration (OSHA) to keep injury and illness records. However, they were not required to submit those records to OSHA, unless OSHA sent them an annual survey form. Besides OSHA’s annual survey, employers only had to produce those records […]