The Occupational Safety and Health Review Commission (OSHRC) has upheld OSHA’s citation against a roofing company over an employee’s failure to use fall protection while briefly assessing the positioning of a crane director, refusing to apply what it says is a narrow exception in the standard for activity before the “actual start of construction work.”
A new decision from the Occupational Safety and Health Review Commission (OSHRC) underscores what the panel says is the higher standard OSHA must meet to show safety violations by a “controlling” employer at a multi-company workplace, scrapping an administrative law judge’s (ALJ) decision that upheld the agency’s citations in one such case.
The Occupational Safety and Health Review Commission (OSHRC) is taking up a novel case testing whether a “religious, agricultural, communal colony” in South Dakota is an “employer” subject to the OSH Act, after a member of the group died in a 2020 accident while working in its grain bin.
California OSHA (Cal/OSHA) is issuing 18 citations to a medical device sterilization company for allegedly failing to protect its employees from overexposure to the toxic solvent ethylene oxide (EtO), amid a growing battle over EPA-crafted risk levels for the carcinogen that industry has argued are unreasonably strict.
South Carolina is again challenging OSHA’s mandate for states to match federal minimum and maximum penalties for OSH Act violations, targeting the 2016 federal rule that first announced the policy after a federal court rejected its earlier suit that focused on language restating the mandate in the agency’s annual rules adjusting penalties for inflation.
A Texas contracting company is asking the U.S. Court of Appeals for the 5th Circuit to broadly apply the OSH Act’s “unpreventable employee misconduct” defense, saying an administrative law judge (ALJ) set an unreasonably high bar for invoking it when he upheld an OSHA citation for trench-safety violations against the firm.
A federal district judge has rejected Amazon’s challenge to a Washington state policy that required it to abate alleged safety violations at a warehouse in Kent, WA, even as it pursues an administrative challenge to the underlying citation, rejecting the company’s argument that it has been deprived of due process in violation of the Constitution.
Federal appellate judges appeared skeptical of claims that OSHA’s safety standard for crane assembly and disassembly should not apply to preparatory steps prior to dismantling the equipment during March 7 oral argument over a 2016 accident where a worker was seriously injured when a crane touched a live power line during that preliminary phase.
OSHA is pushing back against an Office of Inspector General (OIG) report that faulted its handling of OSH Act complaints, including claims that officials do not adequately consider testimony from witnesses or complainants in enforcement, saying it is based on a third-party audit that used an unrepresentative sample and misunderstood the agency’s processes.
California OSHA’s (Cal/OSHA) appeals board has issued what the agency is calling a “precedential” decision affirming that provisions of water at outdoor worksites must be “as close as practicable” to the areas where employees are working to encourage frequent consumption, bolstering the state’s heat-danger protections.