Author: Edward V. Walsh, III
Reed Smith Client Alert
Reprinted with author's permission. © 2013 Reed Smith LLP. All rights reserved.
This client alert is presented for general information purposes and is not intended to be and should not be taken as legal advice.
A workplace inspection by the Occupational Safety and Health Administration (OSHA) can result in substantial penalties where violations are found. Employers need to know their rights during an inspection, including the right to say “no” to an OSHA compliance officer (inspector) when he or she seeks to inspect a work place. The protocols to be followed by your company need to be established and understood by supervisory as well as non-supervisory employees ahead of time, and reinforced from time to time. All supervisory employees should be well-versed in the company’s OSHA access policy and must have familiarity with OSHA regulations and the company’s programs for compliance. Non-supervisory employees should understand that they have no right to grant OSHA access and should refer any such attempt to management. They also should be briefed on their rights if interviewed by OSHA in the course of an inspection.
Cal/OSHA Standards Board Amends Tree Work Rules
Effective October 25, 2012 revised rules will go into effect regarding "Tree Work Maintenance or Removal" in Title 8, Division 1, Chapter 4, Subchapter 7, Article 12, Sections 3420 - 3428 of the General Industry Safety Orders. The Board also revised provisions of the High Voltage Electrical Safety Orders §2950 to include the minimum distances when tree trimming activities are performed.
Lock-Out/Tag-Out Tools Available
The Phylmar Regulatory Roundtable (PRR) is a group of companies committed to improving workplace safety and health. The PRR Good Practices Task Force compiled information from members companies' existing safety and health programs and created materials that provide the public with a set of "successful" or "good" practices for confined space and lockout/tagout procedures. Failure to perform these procedures properly can lead to potentially life-threatening injuries to employees. The Task Force's tools provide a means for the employer to evaluate program effectiveness.
Cal/OSHA launches 2012 heat illness prevention campaign at new Bakersfield office
Cal/OSHA today launched its 2012 campaign to prevent worker deaths and illnesses due to heat exposure in all outdoor workplaces in California. Cal/OSHA’s launch was announced at their new District Office in Bakersfield. The agency’s extensive, multi-pronged effort of outreach, education and enforcement to ensure worker safety will involve coordinated statewide inspections, local inspections during heat waves, trainings and presentations to employer and worker organizations, and a comprehensive public education campaign through print, radio and other media.
Cal-OSHA Standards Board Approves New Ladder Safety Rules
(Click here for amended regulation)
On March 9, 2012 a new ladder standard went into effect. Here is a summary of Title 8, CCR, Section 3276. Portable Ladders:
Subsection (b) of this section consists of definitions of terminology used in the standards that comprise this section. An amendment to add a definition for the term “single-rail ladder” was added. This definition will clarify to the employer the meaning and application of the proposed standard prohibiting single-rail ladder use in new subsection (d). An amendment for Section 3276(d)(1) which pertains to the selection and use of portable ladders to add language that prohibits single-rail ladder use. The amendment will require employers to use conventional two rail portable ladders.
Posters from
New York Center for Agricultural Medicine and Health (NYCAMH)
In addition to farm safety services, NYCAMH offers a wide variety of bilingual print materials that are appropriate for short, informal training sessions held on the farm or in the field. Our posters and flyers are designed for easy readability and are offered in English and Spanish with select materials also available in Haitian Creole. Posters can be requested by calling 800-343-7527, emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. or PDF files can be downloaded and printed. We also have farm safety articles on a number of topics.
OSHA Videos Demo Safe Respirator Use
The Occupational Safety and Health Administration (OSHA) has posted a series of 17 videos to help workers learn about the proper use of respirators on the job.
Employer Guide to OSHA Inspections
Introduction
Every employer should strive to maintain a good OSHA record. Not only are
customers, insurers, and others increasingly scrutinizing employers’ OSHA
records as a condition of doing business, but OSHA penalties and citations
can be substantial – as much as $70,000 for a single willful or repeat
violation. Citations and penalties not only impact a company’s bottom line,
but also its ability to do business.
New Driver Hours of Service Rules in Place
Revised hours-of-service (HOS) rules announced by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) are now in place. The new rule reduces to 70 hours – a 12-hour reduction – the number of hours a driver can work during a seven-day week, but keeps the 11-hour daily driving limit – a move strongly opposed by the American Trucking Assn. (ATA).