Documents/GAC/Hammock Presentation
Bradford T. Hammock Jackson Lewis P.C. [email protected] | 703-483-8316 ©2017 Jackson Lewis P.C.
Silica Standard
Reduction in the PEL to 50 µg/m3
Hierarchy of controls
Ancillary provisions: medical surveillance; housekeeping; exposure monitoring; written exposure control plans
Silica Standard (cont’d)
Compliance set for June 23, 2018
Ongoing litigation in the United States Court of Appeals for the District of Columbia Circuit – briefing has occurred but no oral argument has been set
Petition for Administrative Stay and Reopening of the Rulemaking Record under consideration
Top 5 OSHA Issues for 2017 (Besides Silica!)
Electronic Recordkeeping
Beryllium Standard
OSHA Penalties Up (But no public “shaming”)
“Bread and Butter” Enforcement
No New Standards ….
4
www.jacksonlewis.com
Electronic Recordkeeping Final Rule
Electronic submission: • Employers with 250 or more (includes part-time, seasonal, and/or temporary workers) in each establishment to electronically submit their 300, 300A, and 301 forms to OSHA annually • Employers with 20 or more but less than 250 employees in certain identified industries to electronically submit their 300A form annually • Employers who receive notification from OSHA to electronically submit their 300, 300A, and 301 forms to OSHA
OSHA will post the data from employer submissions on a publically accessible website – not to include information that could be used to identify individual employees
Electronic Recordkeeping Final Rule (cont’d) •
Employers required to develop employee injury and illness reporting requirements – employers must inform employees of the following: • Procedures for reporting work-related injuries and illnesses promptly and accurately • Employees must not be deterred or discouraged from reporting injuries and illnesses • Reasonable reporting procedures are required
•
•
Employees have the right to report work-related injuries and illnesses Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries and illnesses
Electronic Recordkeeping Final Rule (cont’d) •
Rule challenged in two federal district courts
•
Petition for Administrative Stay and Reopening of the Rulemaking Record submitted to the Agency
•
Initial submission deadline to be delayed; Federal Register notice in development
Beryllium Standard • • •
• •
•
•
Published in the final days of the Obama Administration Final rule applies to general industry; construction; and maritime Significantly reduces permissible exposure limit to .2 µg/m3 and establishes a short term exposure limit of 2 µg/m3 Also includes numerous, burdensome ancillary provisions Rule has been challenged in the United States Court of Appeals for the Eighth Circuit; briefing has been stayed to allow for settlement discussions Petition for Administrative Stay and Reopening of the Rulemaking Record has been submitted OSHA has submitted a new proposed rule to OMB for review that will address the construction and maritime industries in some way
OSHA Penalties Are Up! •
“Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015” = increased OSHA penalties
•
One-time “Catch Up Adjustment”
•
Yearly increases based on the Consumer Price Index • Serious or Other-Than-Serious citation from $7,000 to $12,471 • Willful or Repeat citation from $70,000 to $124,709
•
Prediction: Here to stay
Bread and Butter Top 10 Most Cited Standards
FY 12 Fall Protection 2. Hazard Communication 3. Scaffolding 4. Respiratory Protection 5. Ladders 6. Machine Guarding 1.
7.
8.
9. 10.
Powered Industrial Trucks Electrical, Wiring Methods Lockout/Tagout Electrical, General Requirements
FY 14
FY 13 1.
Fall Protection
1.
Fall Protection
2.
Hazard Communication
2.
Hazard Communication
3.
Scaffolding Respiratory Protection
3.
Scaffolding
4.
4.
Respiratory Protection
5.
Powered Industrial Trucks
5. Electrical, Wiring Methods 6.
Powered Industrial Trucks
7.
Lockout/Tagout
8.
Ladders
6.
Lockout/Tagout
9.
Machine Guarding
7.
Ladders
10.
Electrical, General Requirements
8.
Electrical, Wiring Methods
9.
Machine Guarding
10.
Electrical, General Requirements
Data Source: OIS Standards Cited
“Shaming” of Employers •
Dedicated effort in Obama Administration to use media and OSHA’s website to “shame” employers into compliance
•
Obama Administration officials believed that public shaming was effective at encouraging greater compliance
•
Public shaming was also an approach undertaken as part of OSHA’s Severe Violator Enforcement Program
•
Prediction: Press releases will not go away, but they will not be as common
No New Standards …. •
Volks rule rescinded under the Congressional Review Act
•
President Trump Executive Order: “1 in 2 out”
•
May devote resources to revoking or amending standards in Obama Administration
•
Focus on enforcement and compliance assistance for existing rules
Questions?
Speaker Contact Information
Bradford T. Hammock Jackson Lewis P.C. 10701 Parkridge Blvd, Suite 300 Reston, VA 20191 Twitter: @brad_hammock! http://www.oshalawblog.com/ [email protected]
THANK YOU With 800 attorneys practicing in major locations throughout the U.S. and Puerto Rico, Jackson Lewis provides the resources to address every aspect of the employer/employee relationship.
15
www.jacksonlewis.com
Silica Standard
Reduction in the PEL to 50 µg/m3
Hierarchy of controls
Ancillary provisions: medical surveillance; housekeeping; exposure monitoring; written exposure control plans
Silica Standard (cont’d)
Compliance set for June 23, 2018
Ongoing litigation in the United States Court of Appeals for the District of Columbia Circuit – briefing has occurred but no oral argument has been set
Petition for Administrative Stay and Reopening of the Rulemaking Record under consideration
Top 5 OSHA Issues for 2017 (Besides Silica!)
Electronic Recordkeeping
Beryllium Standard
OSHA Penalties Up (But no public “shaming”)
“Bread and Butter” Enforcement
No New Standards ….
4
www.jacksonlewis.com
Electronic Recordkeeping Final Rule
Electronic submission: • Employers with 250 or more (includes part-time, seasonal, and/or temporary workers) in each establishment to electronically submit their 300, 300A, and 301 forms to OSHA annually • Employers with 20 or more but less than 250 employees in certain identified industries to electronically submit their 300A form annually • Employers who receive notification from OSHA to electronically submit their 300, 300A, and 301 forms to OSHA
OSHA will post the data from employer submissions on a publically accessible website – not to include information that could be used to identify individual employees
Electronic Recordkeeping Final Rule (cont’d) •
Employers required to develop employee injury and illness reporting requirements – employers must inform employees of the following: • Procedures for reporting work-related injuries and illnesses promptly and accurately • Employees must not be deterred or discouraged from reporting injuries and illnesses • Reasonable reporting procedures are required
•
•
Employees have the right to report work-related injuries and illnesses Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries and illnesses
Electronic Recordkeeping Final Rule (cont’d) •
Rule challenged in two federal district courts
•
Petition for Administrative Stay and Reopening of the Rulemaking Record submitted to the Agency
•
Initial submission deadline to be delayed; Federal Register notice in development
Beryllium Standard • • •
• •
•
•
Published in the final days of the Obama Administration Final rule applies to general industry; construction; and maritime Significantly reduces permissible exposure limit to .2 µg/m3 and establishes a short term exposure limit of 2 µg/m3 Also includes numerous, burdensome ancillary provisions Rule has been challenged in the United States Court of Appeals for the Eighth Circuit; briefing has been stayed to allow for settlement discussions Petition for Administrative Stay and Reopening of the Rulemaking Record has been submitted OSHA has submitted a new proposed rule to OMB for review that will address the construction and maritime industries in some way
OSHA Penalties Are Up! •
“Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015” = increased OSHA penalties
•
One-time “Catch Up Adjustment”
•
Yearly increases based on the Consumer Price Index • Serious or Other-Than-Serious citation from $7,000 to $12,471 • Willful or Repeat citation from $70,000 to $124,709
•
Prediction: Here to stay
Bread and Butter Top 10 Most Cited Standards
FY 12 Fall Protection 2. Hazard Communication 3. Scaffolding 4. Respiratory Protection 5. Ladders 6. Machine Guarding 1.
7.
8.
9. 10.
Powered Industrial Trucks Electrical, Wiring Methods Lockout/Tagout Electrical, General Requirements
FY 14
FY 13 1.
Fall Protection
1.
Fall Protection
2.
Hazard Communication
2.
Hazard Communication
3.
Scaffolding Respiratory Protection
3.
Scaffolding
4.
4.
Respiratory Protection
5.
Powered Industrial Trucks
5. Electrical, Wiring Methods 6.
Powered Industrial Trucks
7.
Lockout/Tagout
8.
Ladders
6.
Lockout/Tagout
9.
Machine Guarding
7.
Ladders
10.
Electrical, General Requirements
8.
Electrical, Wiring Methods
9.
Machine Guarding
10.
Electrical, General Requirements
Data Source: OIS Standards Cited
“Shaming” of Employers •
Dedicated effort in Obama Administration to use media and OSHA’s website to “shame” employers into compliance
•
Obama Administration officials believed that public shaming was effective at encouraging greater compliance
•
Public shaming was also an approach undertaken as part of OSHA’s Severe Violator Enforcement Program
•
Prediction: Press releases will not go away, but they will not be as common
No New Standards …. •
Volks rule rescinded under the Congressional Review Act
•
President Trump Executive Order: “1 in 2 out”
•
May devote resources to revoking or amending standards in Obama Administration
•
Focus on enforcement and compliance assistance for existing rules
Questions?
Speaker Contact Information
Bradford T. Hammock Jackson Lewis P.C. 10701 Parkridge Blvd, Suite 300 Reston, VA 20191 Twitter: @brad_hammock! http://www.oshalawblog.com/ [email protected]
THANK YOU With 800 attorneys practicing in major locations throughout the U.S. and Puerto Rico, Jackson Lewis provides the resources to address every aspect of the employer/employee relationship.
15
www.jacksonlewis.com
