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

Railway, railroad

Retaliation Against Injury Report Results in $85,000 Penalty

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.

excavation

OSHA Inspectors Are Focusing on Excavations

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 […]

Ammonia Fertilizer

OSHA Outreach Program Addresses Ammonia Fertilizers

Beginning October 1, 2018, OSHA launched a regional emphasis program (REP) focused on reducing employee exposure to fertilizer-grade ammonium nitrate (FGAN) and agricultural anhydrous ammonium. The REP will be effective in Arkansas, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, and Texas.

Cooperative federalism

Collaborative Enforcement: EPA and the States

In September 2017, the EPA’s Office of Enforcement and Compliance Assurance (OECA) and the Environmental Council of the States (ECOS) kicked off a work group to find ways “to improve the state-federal relationship in the context of compliance assurance.”

WOTUS river

WOTUS Blocked by Yet Another Ruling

As the Supreme Court directed in National Association of Manufacturers v. Department of Defense, challenges to the EPA’s Clean Water Rule or waters of the United States (WOTUS) (June 26, 2015, Federal Register (FR)) must be filed in federal district courts rather than in courts of appeal. This has set the stage for dueling opinions […]

Environmental Law

A New Enviro Enforcement Roundup

While our September 2018 environmental enforcement roundup isn’t as dramatic as some of our other recent reports, it still provides valuable lessons for organizations that want to avoid becoming the next statistic. It’s also worth noting that a provider of environmental services (which you’d think would know compliance backwards and forwards) made this month’s list, […]

EPA Offices, Washington DC

EPA Puts a Greater Focus on Compliance Assistance

A new memo from Susan Bodine, the EPA’s assistant administrator for the Office of Enforcement and Compliance Assurance (OECA), suggests that the Agency will continue to revamp its enforcement activities by placing a stronger emphasis on compliance assistance.