Workplace Safety and Health Law Blog

On Thursday, November 7, 2019, the Mine Safety and Health Administration (“MSHA”) held the second of five stakeholder meetings to discuss the implementation of the revised Workplace Examination standard for metal/non-metal mines, 30 C.F.R. §§ 56/57.18002 (“Rule”).  The meeting focused on discussion of the two provisions from the January 2017 version of the Rule that were reinstated following the D.C. Circuit’s decision on June 11, 2019.  A discussion of the reinstatement of the January 2017…
OSHA To Hold Informal Meeting In Preparation For United Nations Session on Chemicals OSHA announced today that registration is open for an upcoming open informal public meeting to discuss proposals in preparation for the 38th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS). At this preliminary meeting, OSHA general topics on the agenda include: Review of Working Papers; Correspondence Group updates; and Regulatory…
California Expands “Red Flag” Law To Permit Gun Violence Restraining Orders In Workplaces And Schools Mass shootings have become a tragic reality in the United States. Recent years have witnessed a number of high-profile incidents at schools, workplaces, churches, and other public places. While the country remains deeply divided about the cause of such incidents and how to prevent them, there has been significant bipartisan discussion, at both the national and state levels, about so-called…
OSHA just finalized the proposed rule on occupational exposure to beryllium and beryllium compounds in construction and shipyards by declining to adopt the previously proposed revocation of the ancillary provisions in the construction and shipyards standards. See 29 C.F.R. §§ 1915.1024, 1926.1124. Thus, the agency is delaying the compliance deadlines for nearly all provisions of the standards to September 30, 2020. Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 84 Fed.…
OSHA To Hold Roundtable On Benefit Of Using Leading Indicators In Injury Tracking Registration is open for an upcoming OSHA meeting on the benefits of using leading indicators in addition to lagging indicators for the tracking of workplace injuries. The agency notes that while many employers track their injury or illness rates using lagging indicators, such information does not reveal hazards until after an injury or illness occurs. Instead, OSHA wants to discuss whether employers…
Enforcement is Coming:  MSHA’s Workplace Exam Rule for Metal and Nonmetal Mines We recently reported that on June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule (“2018 Amendment”) entitled Examinations of Working Places in Metal and Nonmetal Mines, codified at 30 C.F.R. § 56/57.18002, see 83 Fed. Reg. 15,055 (Apr. 9, 2018).  In so…
A federal judge recently dismissed a lawsuit alleging that the Occupational Safety and Health Administration wrongfully delayed the compliance deadline for its own recordkeeping reporting regulation. The court said that the agency properly rolled back an Obama-era rule that would have required it to collect detailed electronic workplace injury and illness information from employers across the country. Several other challenges still exist, however, so employers aren’t completely out of the woods – but this decision…
Worrying Challenges in Performing Embedded or Plant Shutdown Work. After 35 years of practice, certain issues keep me awake at night. One concern is about contractors working onsite or embedded in a working plant or other facility. Examples include year-round or shutdown work at power plants, pulp and paper mills, refineries, and other complex operations. These types of operations pose difficult issues involving locking out and eliminating a wide variety of hazards, such as evaluating…
AGC-Willis Towers Watson 2019 Construction Safety Excellence Awards (CSEA) releases annual Safety Best Practices. The Construction industry is fortunate to have numerous stakeholders committed to safety ranging from Craft Unions and groups such as CPWR to Industry Associations such as the Associated General Contractors (AGC) of America. Included in that group are Insurers and their Brokers. The alliance between Willis Towers Watson and the AGC has resulted in one of the Country’s most rigorous Business…