The EPA’s Office of Enforcement and Compliance Assurance (OECA) has stepped away from an earlier policy that created an expectation that in settlements with violators of environmental law and regulation, Agency case teams are expected to make use of “innovative enforcement” tools. The Agency now states that while such tools have proven useful, case teams […]
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
The EPA’s enforcement of violations of environmental laws and regulations at federal facilities is a complicated business that has been addressed by the U.S. Supreme Court (Ohio v. United States Department of Energy, 1992, which affirmed federal facility sovereign immunity with respect to the Resource Conservation and Recovery Act (RCRA)), presidential Executive Orders, and by […]
Worker participation in industrial chemical accident investigations is a high priority at the U.S. Chemical Safety and Hazard Investigation Board (CSB), which recently issued a Board Order Addendum that establishes the CSB’s policy on such participation.
At the 2018 National Safety Council Congress & Expo in Houston, Texas, Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, presented the agency’s top 10 violations for fiscal year (FY) 2018 to a standing-room-only crowd of safety professionals. While the list—particularly its top half—is largely familiar from previous years, one standard made an […]
The General Duty Clause (Clause) of the Occupational Safety and Health (OSH) Act has been in effect since the Act was passed in 1970 and, therefore, should be an important consideration in employer worker safety and hazard reduction plans. But while most employers that are familiar with the OSH Act and federal and state worker-protection […]
OSHA has ordered Springfield Terminal Railway Inc. to compensate an employee who faced an investigative hearing with possible disciplinary action or termination for reporting an on-the-job injury at its facility in Andover, Massachusetts. OSHA ordered the company to pay the employee $10,000 in compensatory damages, $75,000 in punitive damages, and attorney’s fees.
Can an employer be cited for committing a willful violation of a worker protection standard even if the employer professed ignorance of the standard?
Does evidence of a hazard in a workplace or even evidence of an injury provide a reasonable suspicion that an inspection of the workplace would reveal violations of the Occupational Safety and Health (OSH) Act?
An OSHA standard to mitigate workplace violence in healthcare facilities does not appear to be on the horizon, but this is not because OSHA is not aware of the main provisions that would be included in such a standard. In fact, it is not uncommon for OSHA to issue citations against healthcare employers whose employees […]
In response to a spike in worker fatalities and injuries, OSHA has updated its National Emphasis Program (NEP) on Trenching and Excavation. The updated NEP supersedes a special emphasis instruction on trenching and excavation OSHA issued in 1985 (CPL 02-00-069). NEPs are mainly directed at states with approved state plans and OSHA regional and area […]