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Category Archives: Manufacturing

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OSHA Reveals Top 10 List of Most Frequently Cited Standards

OSHA recently identified the 10 most frequently cited standards from FY 2012 (October 1, 2011 through September 30, 2012). There were no surprises on the list, and it was consistent with years past with only a slight shuffling in the order.

OSHA posts on its website the list of top 10 violations (it has not updated the site with the FY 2012 list yet) in order to “alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries

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Update to OSHA’s Severe Violator Enforcement Program

By Eric J. Conn, Head of the OSHA Practice Group

Back in September, we posted an article critiquing OSHA’s Severe Violator Enforcement Program (“SVEP”) in general, and the newly announced “exit criteria” in particular.  Since that time, in the beginning of October, OSHA updated its embarrassing SVEP Log that it maintains for public consumption on the OSHA website.  With the new data included on the SVEP Log, we thought this would be a good time to provide an update about the SVEP, including:

  • The types of employers and industries that OSHA is most frequently qualifying for the program;
  • The
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Willful OSHA Violations Require More than “Mere Negligence,” Says the DC Circuit

By Eric J. Conn, Head of the OSHA Practice Group

The U.S. Court of Appeals for the District of Columbia Circuit recently provided some much-needed clarification to the meaning of “Willful” with respect to violations of the Occupational Safety and Health Act, in the case of Dayton Tire v. Secretary of Labor, No. 10-1362 (2012).  Violations of the OSH Act fall into one of four categories, with “Willful” and “Repeat” violations being the most severe, and carrying penalties up to 10x that of “Serious” or “Other than Serious violations.  29 U.S.C. § 666(a)-(c).  All OSHA violations, even Other than … Continue Reading

Article: OSHA Continues Trend of Informally Imposing New Rules

By Eric Conn, Head of the OSHA Practice Group

We recently had an article published by the Washington Legal Foundation entitled “OSHA Continues Trend of Informally Imposing New Rules.”  The article expanded on an earlier post here on the OSHA Law Update Blog regarding OSHA’s attempts to circumvent Formal Notice and Comment Rulemaking by changing regulatory requirements through interpretation letters, directives, and enforcement memoranda.  Here is a link to the original post.

Below is an excerpt from the expanded article, published this week in Washington Legal Foundation’s Legal Opinion Newsletter:

On June 2, 2012, an Occupational Safety & Health Review

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OSHA Delays I2P2 Rulemaking . . . Again

By Eric J. Conn

In what seems to be a trend, OSHA has again delayed its rulemaking process for an Injury and Illness Prevention Program (commonly known as I2P2) standard. The announcement came during a National Advisory Committee on Occupational Safety and Health meeting in late June.  According to OSHA officials, we should not expect the next rulemaking phase, a small business review process, to begin until at least Labor Day.  I2P2 programs, which aim to reduce workplace injuries by requiring employers to proactively find and fix workplace hazards, have been on OSHA’s regulatory radar for quite some time.

Agency … Continue Reading

OSHA’s Enterprise-Wide Approach to Enforcement

This week, Washington Legal Foundation published an article  regarding OSHA’s New Enterprise-Wide Approach to Enforcement, authored by EBG attorneys Eric J. Conn and Alexis M. Downs.  The article expands on a February 2012 post entitled “Enterprise Enforcement: OSHA’s Attack on Employers with Multiple Locations,” here on the OSHA Law Update Blog.

The gist of the article and the prior blog post is that companies that operate multiple facilities in different locations, such as national retail and grocery chains, grain cooperatives, large national nursing and medical care organizations, manufacturers, hotel groups, and many others, need to be aware of four new … Continue Reading

EHS Today Article: HazCom Gets a Facelift

Last week, EHS Today Magazine ran our article in which we delve into more detail about OSHA’s amended Hazard Communication Rule (“HazCom”), and the integration of the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (“GHS”).  Check out the full article here, in which we detailed 10 important things employers need to know about the final HazCom Rule.  Here’s the short list:

  1. New Hazard Classification Criteria
  2. New Method for Evaluating Mixtures
  3. Amended Label Requirements
  4. Proscrictive Format for Safety Data Sheet
  5. Inclusion of Non-Mandatory Threshold Limit Values in SDSs
  6. Information and Training Requirements
  7. Other Effective Dates
  8. Inclusion of
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GHS & HazCom: 10 Things Employers Must Know About OSHA’s New Hazard Communication Standard

By Eric J. Conn and Casey M. Cosentino

Following a March 20, 2012 Press Release, on March 26, 2012, OSHA issued its much anticipated final Hazard Communication Rule (“HazCom”), which integrates the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (“GHS”) into OSHA’s old Hazard Communication Standard (“HazCom” or “HCS”).  The new HazCom Standard requires employers to classify chemicals according to their health and physical hazards, and to adopt new, consistent formats for labels and Safety Data Sheets (“SDS’s”) for all chemicals manufactured or imported in the United States.  According to Assistant Secretary Michaels, “OSHA’s 1983 Hazard … Continue Reading

Seventh Circuit “Puzzled” by OSHA’s “Work-Related” Recordkeeping Requirement

By Casey M. Cosentino and Eric J. Conn

On March 20, 2012, the U.S. Court of Appeals for the Seventh Circuit vacated an ALJ’s decision penalizing Caterpillar Logistics Services, Inc. for allegedly failing to record an employee’s “work-related” musculoskeletal disorder (“MSD”) on the Company’s OSHA 300 log.  Caterpillar Logistics Services, Inc. v. Sec’y of Labor, No. 11-2958 (7th Cir., Mar. 20, 2012).  This case is significant because it stamps back (at least temporarily) an effort by OSHA to expand the meaning of “work-related” in the context of ergonomic injuries and OSHA Injury & Illness Recordkeeping.

By way of background, … Continue Reading

Managing an OSHA Inspection: Answers to 5 Frequently Asked Questions

By Eric J. Conn

Below is a set of important questions that we are frequently asked by clients when OSHA unexpectedly shows up at their doorsteps.  These questions and many more are also addressed in our OSHA Inspection Checklist desk reference guide.

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Scenario 1:   An OSHA Compliance Safety and Health Officer (CSHO) arrives unannounced to begin an inspection, but the employer’s representative whom the employer desires to manage the OSHA inspection is not present at the workplace.  Can the employer request that the CSHO return later or wait to start the inspection … Continue Reading

Enterprise Enforcement: OSHA’s Attack on Employers with Multiple Locations

By Alexis M. Downs and Eric J. Conn

Companies that operate multiple facilities in different locations, such as national retail stores, grocery chains, manufacturers, and hotel chains, need to be aware of three new OSHA enforcement trends with enterprise-wide consequences:

  • A rise in follow-up inspections and Repeat violations at sister facilities within a corporate family;
  • OSHA’s increasing pursuit of company-wide abatement provisions in settlement agreements; and
  • OSHA’s recent requests for enterprise-wide relief from the Occupational Safety and Health Review Commission.

Follow-up Inspections and Repeat Violations:

The most significant trend impacting employers with multiple locations is OSHA’s recent fascination with Follow-up … Continue Reading

OSHA’s Primary Metals National Emphasis Program Begins

By Casey M. Cosentino and Eric J. Conn

On June 2, 2011, OSHA launched an enforcement National Emphasis Program  focused on employers and hazards in the Primary Metals Industries (“Primary Metals NEP”).  Establishments in the primary metals industries are those involved in extracting and refining metals from rocks containing iron, lead, nickel, tin and other primary metals, and smelting ferrous and nonferrous metals, including ore, pig and scrap, during rolling, drawing, casting and alloying metal operations.  Some products manufactured in this sector include nails, wires and cables, steel piping, sheets and bars, and copper and aluminum products.

OSHA decided that … Continue Reading

OSHA Targets Manufacturers, Nursing Care Facilities, and Chemical Plants

By Eric J. Conn

What do manufacturers, nursing homes, and chemical companies have in common?  They all represent industries receiving special enforcement scrutiny from today’s OSHA.

OSHA is targeting manufacturers under a major Recordkeeping Enforcement National Emphasis Program (Recordkeeping NEP).  OSHA launched the Recordkeeping NEP at the end of 2009, originally selecting inspection targets across a wide array of industries.  A senior OSHA official has explained that “there are several different goals here.  One is just to find out what’s going on.  Another is to send a message to companies – via penalties – that injury and illness book-cooking won’t

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