Workforce Bulletin

By Casey M. Cosentino and Eric J. Conn

“Texting while driving” is an epidemic in America, which has prompted forty-two states and the District of Columbia to ban (completely or partially) this conduct for drivers.  Here's a map of the U.S. states that have enacted some ban on texting while driving.  Studies suggest that texting while driving distracts drivers’ cognitive focus and removes their eyes from the road and hands from the wheel.  It is not surprising, therefore, that distracted driving is attributed with sixteen percent (16%) of all traffic fatalities in 2009.

The ...

By Paul H. Burmeister and Eric J. Conn

At the end of January 2012, OSHA finally released its Fall 2011 regulatory agenda, which is intended to be an overview of what OSHA plans to accomplish in the next few months.  The agenda includes updates about the status of several major OSHA rulemaking efforts.  Below is a brief summary of the Reg Agenda.

This Reg Agenda was far less ambitious than each of the previous agendas set forth by the Obama Administration’s OSHA, but it does reveal the agency’s top priorities that will continue to be pressed even during an election year.  The highlights ...

Last week, the leaders of the grain industry in North Dakota gathered for their annual conference, this year the Centennial gathering of the North Dakota Grain Dealers Association.  I had the privilege of speaking at the conference, and share some background about OSHA's increasing focus on the grain handling industry, a review of grain handlers' rights vis-a-vis OSHA, and some strategies and tips for preparing for and managing an OSHA inspection.  I also had the opportunity to speak about OSHA's approach to inspections in the grain industry at the National Grain & Feed ...

By Eric J. Conn and Amanda R. Strainis-Walker

One of the questions we are most frequently asked by small employers is about the so-called "Rule of 10"; i.e., the long-perpetuated myth that OSHA does not have jurisdiction over employers or workplaces with fewer than 10 employees.  This is a commonly misunderstood policy, so let's set the record straight.

The short answer is, unless you are a small farming operation, OSHA does have jurisdiction in almost every circumstance.  There are some partial exemptions and exclusions from certain types of OSHA activity, such as ...

By Casey M. Cosentino and Eric J. Conn

 According to statistics recently reported by OSHA, the number of workplace inspections conducted by federal OSHA in FY 2011 fell to a total of 40,215, down 778 from 2010.  The agency attributes this slight decline in the number of inspections to the fact that many inspections, particularly those focused on health hazards and recordkeeping compliance, require more time per inspection.  Gone are the days when the Compliance Officer drops by for a cup of coffee.  Now, OSHA wants to know which office in which they should set up because they are going to be ...

By Amanda R. Strainis-Walker and Eric J. Conn

OSHA’s keen interest in enforcement related to combustible dust shows no sign of waning as we close the door on 2011.  OSHA’s Combustible Dust National Emphasis Program (NEP), initiated in 2008, continued in earnest through 2011, and notably, has no expiration date.  The number of violations and the size of civil penalties arising out of the Combustible Dust NEP inspections continue to rise, and OSHA points to that data as support for its active pursuit of a comprehensive Combustible Dust Standard.

Combustible Dust NEP:

OSHA launched ...

By Eric J. Conn, Head of the OSHA Practice Group at Epstein Becker & Green

At the end of November 2011, OSHA announced that it had extended nationwide what had been a limited pilot enforcement program targeting chemical facilities' compliance with OSHA's Process Safety Management Standard in a few Regions of the country.  This new Chemical Facilities PSM National Emphasis Program (Chem NEP) establishes policies and procedures for inspecting workplaces covered by OSHA's PSM Standard.

The purpose of the Chem NEP is to allow OSHA to conduct many more, but focused inspections at ...

By Eric J. Conn and Amanda R. Strainis-Walker

As the clock winds down on 2011, a truly remarkable year of OSHA enforcement, it is time to think about 2012.  Notwithstanding the fact that 2012 is an election year, and much of OSHA's rulemaking activities will be shelved until the day after the election, 2012 is likely to be another remarkable year in the OSHA universe, from significant enforcement initiatives to the completion of some major rules.

Below is a list of the 5 most important developments we expect to see out of the agency in the upcoming year:

1. Nationwide Chemical Facilities ...

By Eric J. Conn, Head of the OSHA Group at Epstein Becker & Green

OSHA is signaling a major departure from its position on acceptable exceptions to the Lockout/Tagout requirements in the agency’s electrical safety standards.  Historically, employers have been permitted to conduct electrical maintenance near energized parts in data centers that host critical business operations (i.e., operations which must stay live 24/7), under an “infeasibility” exception to the general rule that electrical equipment must be deenergized and locked out before maintenance is permitted.  ...

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 ...

By Alexis M. Downs and Eric J. Conn

Employers who operate laboratories are suddenly receiving a high level of attention from federal safety and health regulators.  Following a string of serious laboratory accidents, the U.S. Chemical Safety and Hazard Investigation Board (the “CSB”) posted an informational video on its website detailing hazards at chemical laboratories, based on a study of 120 explosions, fires, and chemical releases at university and other research laboratories (view the CSB’s Lab Safety Video here).  At the same time, federal OSHA just published a ...

By Eric J. Conn

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 ...