Statistics showing an increase in workplace deaths for miners in fiscal year 2023 are sparking concern from industry lawyers over how the Mine Safety and Health Administration (MSHA) will respond, though one attorney says it is uncertain that the agency has funds and resources for new training or enforcement initiatives.
Unions and their allies, including elected Democrats, are supporting OSHA’s proposal to allow compliance officers inspecting a workplace to bring worker representatives on walkarounds even if they are not affiliated with that employer, arguing that the policy will bolster workers’ rights while seeking relatively minor changes to the agency’s text.
South Carolina is seeking to stay its latest challenge to OSHA’s mandate for states to match annual increases to federal minimum and maximum OSH Act penalties, citing a pending Supreme Court case that it says could loosen the six-year statute of limitations for suing over federal agency action that OSHA has argued is fatal to the current suit.
The National Council for Occupational Safety and Health (COSH) is pressing the Department of Labor to take new steps to protect workers from a wide range of hazards, in particular through “system-wide actions” like training and enforcement boosts, after the Bureau of Labor Statistics (BLS) found a 7.5 percent annual increase in workplace injuries and illnesses for 2022.
OSHA has signed a new memorandum of understanding (MOU) with the National Labor Relations Board (NLRB) that aims to deepen information-sharing and cooperative enforcement efforts between the two agencies, with a particular focus on whistleblower protections.
The Labor Department’s Office of Inspector General (OIG) plans to launch a discretionary audit in fiscal year 2024 to determine whether OSHA has remedied what the watchdog office said were deep flaws in its pandemic-era enforcement program in a report issued less than a year ago.
The Department of Justice is touting new jury convictions and guilty pleas under both the OSH Act and Clean Air Act in its years-long prosecution of a Wisconsin milling company and several of the employer’s current and former officials over a 2017 explosion that killed five workers.
The Mine Safety and Health Administration (MSHA) is accepting a slew of recommendations from the Labor Department's Office of Inspector General (OIG) based on an audit faulting many areas of its inspection and enforcement work, agreeing to increase reporting transparency, update mine status criteria and inspection tools and improve system controls.
A workplace safety lawyer says OSHA could seek to cite employers for failing to comply with EPA's planned TSCA workplace exposure limits for several chemicals given the "very clear" intersection of the two agencies' missions, but will face several key legal questions if it tries to invoke "reach-over" authority to directly enforce TSCA mandates.
A broad coalition of employers and trade groups is raising yet more objections to OSHA’s proposal to allow compliance officers inspecting a workplace to bring worker representatives on walkarounds even if they are not affiliated with that firm, saying the rule will conflict with other agencies’ authority while also creating major difficulties for inspections.