Employers rely on OSHA’s Field Operations Manual (FOM) to better understand how OSHA inspectors will review workplace compliance, identify violations, issue citations, and propose penalties. But is OSHA actually legally bound to adhere to the procedures and standards described in the FOM? Apparently not, according a panel of the U.S. Court of Appeals for the […]
Category: Enforcement and Inspection
As today’s workplace becomes more complex, regulation of that workplace increases. In this section, you’ll find the practical advice you need to understand exactly what OSHA, other federal agencies, and their state counterparts, require of you, and to comply in the ways that best satisfy both your and their needs. Look also for important court decisions, advice on how to handle enforcement actions, and news of upcoming changes in workplace health and safety law.
Free Special Report: What to Expect from an OSHA Inspection
Take a look at how water woes, air and pesticide violations, and WPS issues came into play in recent environmental enforcement actions. One of the fines (levied against Amazon) was seven figures!
In early February 2018, the EPA released its environmental enforcement results for 2017. The data revealed shifts in emphasis, the number of civil and criminal actions initiated, and how the EPA views its own enforcement role in relation to enforcement undertaken by the states.
David Michaels, the former head of OSHA, told the House Subcommittee on Workforce Protections that there are no substitutes for standards, inspections, and enforcement and that employer voluntary programs produce limited benefits at most.
A case recently decided by a panel of the U.S. Court of Appeals for the 1st Circuit should put employers on notice about when contractors and subcontractors may be viewed as a single entity in terms of liability.
OSHA has requested $212.7 million in funding for enforcement in fiscal year (FY) 2019, representing an increase of $6.1 million, or just under 3 percent, over the FY 2018 levels. However, the total requested budget for FY 2019 is identical to the 2018 level, meaning that the agency shifted requested money away from other areas […]
In a case against a company the Orange County district attorney said was responsible for the deaths of two employees, the Supreme Court of California found that the federal Occupational Safety and Health Act of 1970 (OSH Act) does not preempt workplace safety standards established by the state’s own occupational safety and health agency (Cal/OSHA).
Take a look at 11 recent environmental enforcement actions from around the U.S. and what was behind the various violations. Some of the penalties were steep—learn from other organizations’ mistakes to ensure your company isn’t the next one cited!
OSHA has cited a Kansas-based aircraft manufacturer for exposing employees to hexavalent chromium, Cr(VI), a known carcinogen. The company faces proposed penalties totaling $194,006 for 1 willful and 5 serious violations.
State regulators say a Seattle hotel owner who knew his building contained asbestos cut corners to save money by using untrained workers to remove it. As a result, the Department of Labor and Industries (L&I), which runs the Washington state OSHA program, cited the business for multiple egregious safety and health violations and issued $355,000 […]