Tag: OSHA

Higher Fines for Federal Safety, Environmental Law Violations Starting this Summer

Posted on by Andria Hine

OSHA, EPA and FWS Finalize New Maximum Civil Penalties
The financial penalties that federal agencies may impose on the regulated community as restitution (or a deterrent) for any violation of statutes/regulations or permit requirements are about to go way up, some by as much as 150 percent. The U.S. Occupational Safety and Health Administration (OSHA), the U.S. Environmental Protection Agency (EPA), and the Fish and Wildlife Service (FWS) – to name a few – all have finalized penalty increases that take effect this summer.  Most notable, OSHA’s maximum penalties have increased by approximately 80 percent across the board.  Similarly, EPA published more than 65 penalty increases across the various environmental statutes that it administers.

The impending higher fines stem from recent legislation requiring federal agencies to adjust their civil penalties in two significant ways.  First, the agencies must make initial “catch up” adjustments with the higher penalty levels to take effect no later than Aug. 1, 2016 – as previously reported by AGC (click here and here).  Second, looking ahead, federal agencies must make adjustments for inflation every year — a change from the prior frequency of once every 4 years. OSHA and EPA will apply the new higher fines to all civil penalties assessed on or after Aug. 1, 2016, for violations that occurred after Nov. 2, 2015 (when the 2015 Adjustment Act was enacted).

Here’s the full story.

Here’s the OSHA news release.

QuickCards Offer Guidance on Protecting Outdoor Workers From Zika Virus

Posted on by Andria Hine
Photo credit: CDC/ Robert S. Craig

Outdoor workers may be at the greatest risk of exposure to Zika virus in areas where mosquitoes—the main route of transmission—are spreading the disease. OSHA’s new QuickCards, available in English and Spanish, provide information for workers about how to protect themselves from mosquito bites when working outside. The QuickCards offer tips on wearing clothing to cover skin, and using insect repellent on exposed skin. The new guidance also links to the most up-to-date information on Zika from the Centers for Disease Control and Prevention, such as potential health outcomes and reproductive effects.

OSHA Delays Effective Date for Anti-Retaliation Provisions in New Tracking Rule

Posted on by Andria Hine
Source: OSHA July 15 QuickTakes: Corrected

OSHA is delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule to conduct additional outreach and provide educational materials and guidance for employers. Originally scheduled to begin Aug. 10, 2016, enforcement will now begin Nov. 1, 2016. Under the rule, employers are required to inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and employers are prohibited from retaliating against workers for reporting injuries and illnesses.

AGC of America’s Take on the Delay

On July 13, the Occupational Safety & Health Administration (OSHA) announced that the agency will delay enforcement of an anti-retaliation provision in its newly revised record keeping rules. This provision could deter the use of practices such as mandatory post-incident drug testing and safety incentive programs based on injury and illness rates. While the extension does provide employers with additional time to examine their policies, it does not eliminate the broader concerns regarding the position the agency has taken on such programs.  Specifically, OSHA mentions in the preamble to the new rule that employers who require mandatory post-incident drug testing and implement safety incentive programs based on injury and illness rates could be in violation of the new regulation.  AGC views the position taken by OSHA as both inappropriate and unlawful and is currently working with outside counsel to explore options for litigation.

The original effective date for enforcement was set for August 10, 2016, but has been extended to November 1, 2016. The effective date for electronically submitting injury and illness data to OSHA will remain July 1, 2017.

Crystalline Silica: What You Need to Know

Posted on by Andria Hine

OSHA’s Final Rule on Crystalline Silica is now out and will go into effect soon. The construction industry needs to understand the obligations under the new standard as well as their compliance options. This webinar will provide the construction industry with background information about the new 29 CFR 1926.1153 – Respirable crystalline silica, including general information about performing construction work on silica containing materials, the historical significance of the rule, key details as to how the rule will affect construction jobsite, as well as what is necessary to comply with the final rule. Here’s a copy of the presentation to assist you with following along.

Objectives

Participants in this webinar will able to:

  • Understand the history of the crystalline silica standard as well as key compliance dates.
  • Comprehend the scope and the application of the standard to construction industry.
  • Detail the compliance requirements for jobsite activities covered by the standard.

Speaker

Bradford Hammock, a partner at Jackson Lewis P.C., whose practice focuses exclusively on safety and health issues, will provide information to help the construction industry understand the final OSHA silica rule.

Access

Click here to access the webinar, and use password: CSC4.

Sponsor

This webinar is brought to you by the Construction Industry Safety Coalition (CISC). The CISC is comprised of 25 construction industry trade associations representing virtually every construction trade, task and activity of the member associations. For more information, visit www.buildingsafely.org.

Summer Heat Safety Campaign Begins

Posted on by Andria Hine
Credit: OSHA June 1 QuickTakes

OSHA has kicked off its summer campaign to inform employers and employees about the dangers of working in the heat. The campaign will continue its annual outreach to highlight how heat-related worker fatalities are entirely preventable. In 2014 alone, 2,630 workers suffered from heat illness and 18 died from heat stroke and related causes on the job.

On May 26, Kelly Schnapp, who directs OSHA’s Office of Science and Technology Assessment, joined four other experts on a White House webinar highlighting the risks of extreme heat to four vulnerable populations: the elderly, athletes, emergency responders, and outdoor workers. Schnapp noted that a majority of recent heat-related deaths investigated by OSHA involved workers on the job for three days or less – highlighting the need for employers to ensure that new workers become acclimated to the heat when starting or returning to work.

OSHA also provided heat safety tips for workers in a blog, Twitter posts, and an updated heat campaign webpage that now includes illustrations of heat exhaustion and heat stroke, an animated video, training resources, and links to an updated heat safety phone app. #WaterRestShade is the official hashtag of the campaign, encouraging employers to provide their workers with drinking water, ample breaks, and a shaded area while working outdoors. OSHA also continues to partner with the National Oceanic and Atmospheric Administration to raise awareness on the dangers of working in the heat through its Weather-Ready Nation campaign.

2016 ICI Safety Program Awards Application Instructions

Posted on by Andria Hine

Eligibility

To be considered for an award, applicants must meet the following eligibility requirements:

  • Current ICI membership;
  • No OSHA citable work-related fatalities since January 1, 2015;
  • Must have one or more active jobsites available for visit during August and September 2016;
  • Must allow a random and unannounced jobsite validation and worker interviews;
  • Award recipients must work with ICI’s Safety Committee to participate in a safety roundtable gathering in early 2017.

Awards will be announced at ICI’s Annual Membership Meeting on November 2.

Completing the Application 

The ICI application process consists of three parts:

  • Interactive application form which is filled in and submitted electronically once you have completed all of the requested information. Each section of the application clearly states what is required for that section.
  • The application form will also request some independent documentation. These documents should be scanned and saved as a pdf file and included as an attachment to the email when you send your application.
  • Once the completed application form is sent to ICI via email, ICI will send you links to electronic supervisor and onsite worker surveys. You will need to provide those links via text or email to your supervisors and onsite workers so they can take the one or two minute survey.

NOTE: Please contact the ICI office at ici@indianaconstructors.org, or by phone at (317) 634-7547 if your company is unable to participate electronically.

Deadline

Applications are submitted electronically and must be received by July 22, 2016.  At least the minimum number of all supervisor and onsite worker surveys must be submitted by the July 22 deadline (refer to application for minimum number needed).

Confidentiality

To ensure fairness in the judging process, ICI will remove all identifying information, such as company name and address, from the applications and supporting documentation before providing information to ICI’s Safety Program Awards Selection Committee.

Company Safety Program

Please provide “yes” or “no” answers to three questions, adding explanations and/or comments as appropriate.

  • Please attach a sample copy of one of your jobsite safety plan, hazard analysis and preventative action (if available).
  • Please attach a sample copy of your written plan to provide task-specific, hands-on training for new hires and employees who transfer to a new task (if available).

Components of Safety Program

Please attach a copy of the Table of Contents from your company’s safety manual.

Targeted Questions – Short Answer

Please provide brief answers to the two questions.

NOTE: Although ICI will remove all identifying information, please refrain from using the company name and/or company-specific acronyms in this section.

This year, we are using electronic surveys to make it easier for companies to distribute and request anonymous feedback from employees about the company’s safety program.

Contractors without the capabilities of doing the surveys electronically should call the ICI office at (317) 634-7547 for paper surveys and instructions.

Application Submittal

Completed applications will be automatically sent to ICI via the interactive application form.  Survey forms should be submitted by July 22, 2016.

Questions

If you have any questions during the application process, contact the ICI office at (317) 634-7547 or ici@indianaconstructors.org.

Apply Now