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Articles by Carla J. Gunnin
Workplace Violence: How To Evaluate The Risks And Reduce The Potential Hazards | JD Supra
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Workplace Violence: How to Evaluate the Risks and Reduce the Potential Hazards
Every year, nearly two million American workers report having been victims of workplace violence. Sadly, the actual number of cases is likely much higher — many cases go unreported. According to the Department of Justice, on a daily basis, employers and employees nationwide deal with workplace assault, domestic violence, verbal abuse, stalking, harassment, and more, as well as the incidents of homicide that make the news.
MSHA Issues Cold Weather Alert
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Cold Weather Alert MSHA
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Need OSHA Action On Ammonium Nitrate And Healthcare Workplace Violence, Government Monitor Urges
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For Third Straight Year, No Mines Eligible For A Pattern Of Violations Notice
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OSHA Fall Protection Rule Raises Questions Over ‘Temporary, Relatively Infrequent’ Work
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Mine Safety Agency Issues Accident Alert On Haul Truck Operations
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Safety Agencies’ FY 2018 Budgets Survive Despite Significant Labor Department Budget Cuts
In its fiscal year 2018 budget, the Trump Administration recommended $543.3 million for the Occupational Safety and Health Administration, a decrease of about two percent from the fiscal year 2017 $552.8 million funding level. In contrast, the Administration recommended a nearly 20 percent reduction in the Department of Labor budget, compared to fiscal year 2017.
Safety Agencies’ FY 2018 Budgets Survive Despite Significant Labor Department Budget Cuts
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OSHA Issues First Enforcement Action Press Release Since Start of Trump Administration
Until day 82 of the Trump Administration, renewed partnerships and “guidance” for employers to improve workplace safety have been the subjects of the Occupational Safety and Health Administration’s announcements. On April 12, 2017, OSHA announced that it has cited Atlantic Drain of Boston for willful, repeat, serious, and other-than-serious violations of workplace safety standards and is proposing $1,475,813 in penalties for those violations.
Complying with California's Workplace Violence Prevention in Healthcare Rule
Effective this past April 1, 2017, healthcare employers in California must comply with a host of new workplace safety requirements focused on preventing workplace violence. The new regulation, section 3342 of Title 8 of the California Code of Regulations, Cal/OSHA’s Violence Prevention in Health Care requires specified healthcare facilities to establish workplace violence prevention plans to protect healthcare personnel from aggressive and violent behavior.
New California Healthcare Workplace Safety Prevention Regulation Effective April 1, 2017
Healthcare employers in California must comply with a host of new workplace safety requirements, effective April 1, 2017, on preventing workplace violence. The new requirements include written workplace violence prevention plans, additional recordkeeping, and preventive training, among other things. On December 8, 2016, the state’s Office of Administrative Law endorsed and approved California’s new workplace violence prevention health care regulation.
Mine Safety Agency Issues Alert after Mining Deaths
The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents. The safety agency said the victims in the two incidents were working alone and in restricted areas with hazardous conditions.
Mine Safety Agency Warns of Dangers from Falls of Mine Roof, Rib, Face
A safety alert on the dangers of falls from the roof, rib, or face of mines from the Mine Safety and Health Administration reminds employers to be vigilant about following best practices to avoid the dangers. Since June 27, 2011, MSHA said, nine supervisors have been killed as a result of falls of mine roof, rib, or face. During this period, it said, the fatalities accounted for 45 percent of all deaths arising from these types of accidents.
MSHA Decides White House’s Regulatory Freeze Does Not Apply to its New Rule
MSHA decided to move forward with its controversial Examination of Workplaces in Metal and Nonmetal Mines Rule without regard to a White House Memorandum requesting federal agencies to delay rules for sixty days. (see our article on this Rule from October.) The Rule became final on January 23, 2017 with an effective date of May 23, 2017.
Signs OSHA Priorities are Shifting Under Trump Administration?
There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data with OSHA as well as heightens scrutiny related to both drug testing and safety incentive programs. The Volks Rule essentially reversed the decision held in AKM LLC dba Volks Constructors v. Secretary of Labor, 675 F.3d 752 (DC Cir.
OSHA Fall Protection Rule Raises Questions Over ‘Temporary, Relatively Infrequent’ Work
New questions are emerging about key provisions the Occupational Safety and Health Administration’s updated rule to prevent falls.
Assistant Secretary for OSHA: Farewell Dr. Michaels
Dr. David Michaels, the Assistant Secretary for OSHA, announced that today, January 10th, would be his last day with the agency. He will be returning to academia at George Washington University beginning January 17th. And, on this last day, he continued what has been a very aggressive regulatory agenda by announcing that he was accepting a coalition of unions’ petition for the creation of an OSHA standard related to workplace violence in healthcare. What does this mean? Perhaps nothing.
OSHA Beryllium Rule Lowering Exposure Limits Takes Effect, But It Faces Uncertain Future
Regulation from the Occupational Safety and Health Administration to reduce worker exposures to beryllium “to prevent chronic beryllium disease and lung cancer” took effect on May 20, 2017. An OSHA spokesperson said on May 22, however, that the agency received a petition to stay the effective date, which it is reviewing. The spokesperson pointed out that while OSHA considers the stay petition, the March 2018 enforcement date has not been changed.
Are You Ready for California’s Workplace Violence Prevention in Health Care Rule?
By April 1, 2017, all employers in California operating in the following areas will be required to comply with Section 3342, the Workplace Violence Prevention in Health Care rule: health care facilities; home health care programs; drug treatment programs; emergency medical services; and outpatient medical services to correctional and detention settings. This rule is far more expansive than Federal OSHA’s guidelines for the Prevention of Workplace Violence in Health Care settings.
House of Representatives Votes to Block OSHA Recordkeeping Rule
The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” was published in the Federal Register on December 19, 2016, and became effective on January 18, 2017.
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