{"id":1945,"date":"2016-10-26T17:26:19","date_gmt":"2016-10-26T17:26:19","guid":{"rendered":"https:\/\/insulation.org\/?page_id=1945"},"modified":"2022-09-06T18:26:11","modified_gmt":"2022-09-06T18:26:11","slug":"osha-safety-news","status":"publish","type":"page","link":"https:\/\/insulation.org\/membership\/osha-safety-news\/","title":{"rendered":"Safety News"},"content":{"rendered":"<h2>For the latest information on COVID-19, <a href=\"https:\/\/insulation.org\/membership\/covid19\/\">visit our COVID-19 Resources web page<\/a>.<\/h2>\n<h4><strong>December 2021: Update from NIA Legal Counsel<\/strong><\/h4>\n<h5>December 20, 2021\u2014Update: Sixth Circuit Lifts Stay of OSHA Covid-19 Emergency Temporary Standard<\/h5>\n<p>Enforcement of OSHA\u2019s Covid-19 emergency temporary standard (\u201cETS\u201d), requiring all employers with 100 or more employees to implement a vaccine or testing policy, had been stayed (i.e., put on hold) while its legality is being challenged. \u00a0However, on Friday, December 17, 2021, the Sixth Circuit Court of Appeals lifted the stay.\u00a0 That means OSHA can now enforce the ETS.\u00a0 The Sixth Circuit\u2019s decision does not impact the federal contractor vaccine mandate, which remains stayed.<\/p>\n<p>OSHA stated that it will not issue any citations for failure to comply with the ETS before January 10, 2022. \u00a0This will allow employers time to get their programs implemented. \u00a0Further OSHA indicated that it will not issue citations for non-compliance before February 9, 2022 \u201cso long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.\u201d<\/p>\n<p>Although the Sixth Circuit lifted the stay, the Court has yet to reach a decision on the merits of the underlying challenges to the ETS.\u00a0 In the meantime, a number of petitioners have appealed Friday\u2019s decision to the U.S. Supreme Court, seeking to again stay enforcement of the ETS.<\/p>\n<p>If your business is covered by the ETS, you should work to have your written Covid-19 plan in place by January 10, 2022 and begin following those elements of the plan that you are able to implement immediately.\u00a0 OSHA has provided policy templates on its website for employers electing to follow the \u201cmandatory vaccination\u201d option, as well as employers electing the \u201cvaccination or testing and face covering\u201d option for compliance.\u00a0 Those policy templates can be found\u00a0<a href=\"https:\/\/nam04.safelinks.protection.outlook.com\/?url=https%3A%2F%2Fwww.osha.gov%2Fcoronavirus%2Fets2&amp;data=04%7C01%7Ckdidomenico%40insulation.org%7C93d01288b2134fcb86d108d9c3e7efe1%7C01b7de441c2c48feaa137ff6af2ccc25%7C0%7C0%7C637756224244726585%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&amp;sdata=WTrDuR21uBuZo5s%2FTHMYG6doUpOvu3SDfKpAGN8jQgU%3D&amp;reserved=0\" target=\"_blank\" rel=\"noopener\">here.<\/a>\u00a0 To the extent that the ETS will require you to implement measures that you are not able to complete by January 10, 2022, you will need to decide upon a timeline to follow to ensure that you reach full compliance by February 9, 2022.<\/p>\n<p>NIA will continue to update you regarding the status of the COVID-19 vaccine\/testing mandates.<\/p>\n<p><strong>November 2021: Update from NIA Legal Counsel <\/strong><\/p>\n<h3>November 15, 2021\u2014Status of OSHA\u2019s ETS for COVID-19<\/h3>\n<p><strong>Summary of Recent Critical Events:<\/strong><\/p>\n<ul>\n<li>Enforcement of the OSHA Emergency Temporary Standard on Covid-19 <u>is delayed<\/u> pending full judicial review.<\/li>\n<li>On Friday, November 12, 2012, the Fifth Circuit Court of Appeals affirmed its initial \u201cstay\u201d which continues unless lifted.<\/li>\n<li>A lottery will determine which Circuit Court of Appeals will actually conduct the judicial review of the ETS.<\/li>\n<li>That court may lift or continue the stay pending the litigation. That litigation could completely strike down the ETS.<\/li>\n<li>Due to so much uncertainty, the attorneys at Auman, Mahan, and Furry have decided to postpone our webinar that had been scheduled for Thursday, November 18, 2021. We will reschedule the webinar as soon as there is something more to report and NIA will contact our member companies.<\/li>\n<\/ul>\n<p><strong><u>OSHA\u2019s ETS on Covid-19:\u00a0 Detail and Explanation of Recent Events<\/u><\/strong><\/p>\n<p>On November 5, 2021, OSHA issued an emergency temporary standard (ETS) mandating vaccination and\/or testing of all employees employed by employers with 100 or more employees.\u00a0 Many states, businesses, industry groups, and religious organizations filed challenges in several Federal Circuit Courts of Appeals to block the new ETS.\u00a0 In addition, several labor unions have sued alleging that the ETS does not go far enough to protect workers from COVID\u201319.<\/p>\n<p>In response to one of those challenges, the Fifth Circuit Court of Appeals issued a temporary stay of the emergency temporary standard on November 6, 2021.\u00a0 The Court issued the stay pending briefing and an expedited judicial review. \u00a0On Friday, November 12, 2021, the Court completed its review <em>and affirmed its initial stay<\/em>.<\/p>\n<p>The Fifth Circuit Court of Appeals&#8217; decision to affirm the stay was strongly worded and suggests that the stay could remain until the full judicial review is completed. The Court found that the petitioners demonstrated that they are likely to succeed on the merits of their challenge, that they will be irreparably injured without a stay, that the issuance of the stay would not substantially injure other parties interested in the proceeding, and that public interest lies in granting the stay.<\/p>\n<p>Whenever multiple challenges are simultaneously filed in different Federal Circuit Courts of Appeals to the same administrative rule, a lottery is held to determine which of the Circuit Courts in which the challenges were filed will actually hear the case and render a decision on the merits.\u00a0 That means the challenge to the ETS may or may not stay in the Fifth Circuit Court of Appeals.\u00a0 The lottery is likely to occur by November 16, 2021.\u00a0 When the Court has been selected, it may decide to either lift the stay (in which case the ETS will go into effect on the existing schedule) or continue the stay pending a decision on the merits of the challenges.<\/p>\n<p>NIA will continue to actively monitor this matter, and keep you advised. Expect the next update in a timely fashion after the Circuit Court selected to decide the case determines how it will proceed with the challenges to the ETS.<\/p>\n<h3><strong>November 5, 2021\u2014OSHA ISSUES COVID-19 EMERGENCY TEMPORARY STANDARD FOR PRIVATE EMPLOYERS<\/strong><\/h3>\n<p>The U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) announced a new Emergency Temporary Standard (ETS)\u201429 CFR \u00a71910.501\u2014that will require private employers with 100+ employees to develop, implement, and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy\u00a0requiring\u00a0employees to choose to either\u00a0be\u00a0vaccinated or\u00a0undergo regular COVID-19 testing and wear a face covering at work. The ETS was published in the Federal Register on November 5, 2021.\u00a0Covered employers will be required to comply with all provisions by December 5, 2021, save for the vaccination and testing requirements for unvaccinated workers, which take effect January 4, 2022.<\/p>\n<p><strong><u>Covered Employers<\/u><\/strong><\/p>\n<p>Any employer that has a total of at least 100 employees as of November 5<sup>th<\/sup> and at any time while the ETS is in effect will be covered by the ETS.\u00a0For purposes of the 100-employee threshold for coverage, the employee count will be based on the total number of employees an employer has across all of its U.S. locations, regardless of where employees perform their work.\u00a0Part-time employees do count toward the company total, but independent contractors do not.<strong>\u00a0<\/strong>With regard to temporary employees, only the staffing agency would count the jointly employed employees.\u00a0The host employer, however, would still be covered by the ETS if it has 100 or more of its own employees in addition to the employees of the staffing agency.\u00a0For a single corporate entity with multiple locations, all employees at all locations are counted for purposes of the 100-employee threshold for coverage under this ETS.\u00a0On multi-employer worksites, including construction sites, each company represented need only count its <em>own<\/em> employees.\u00a0But if an employer has more than 100 employees spread out over multiple construction sites, for example, that employer is covered even if it does not have 100 or more employees present at any one worksite.<\/p>\n<p><strong><u>Covered Employees<\/u><\/strong><\/p>\n<p>Although an employer may be covered by the ETS, individual employees of those employers may not be covered by the standard.\u00a0Employers have no duties under the ETS with respect to employees who:<\/p>\n<ol>\n<li>Do not report to a workplace where other individuals such as coworkers or customers are present;<\/li>\n<li>Work from home; or<\/li>\n<li>Work exclusively outdoors. While \u201cexclusively outdoors\u201d is not defined, OSHA\u2019s guidance indicates that work is considered \u201cexclusively outdoors\u201d only if minimal time is spent indoors using the restroom, punching a time clock, etc. Outdoor construction work in a partially constructed building is not considered \u201coutdoors.\u201d Likewise, any indoor periods such as breaks taken in a job trailer would preclude the work from being classified as \u201cexclusively outdoors.\u201d<\/li>\n<\/ol>\n<p><strong><u>Summary of Requirements<\/u><\/strong><\/p>\n<p>Among other things, the ETS requires covered employers to:<\/p>\n<ol>\n<li>Establish, implement, and enforce a <em>written<\/em> vaccination policy that either: (1) requires employees to be vaccinated; or (2) allows employees to choose to either become fully vaccinated or to undergo regular (weekly) COVID-19 testing and wear a face covering in lieu of vaccination.<\/li>\n<li>Determine and maintain a record of each employee\u2019s vaccination status, obtain proof of vaccination for vaccinated employees, and preserve acceptable proof of vaccination for each employee who is fully or partially vaccinated.<\/li>\n<li>Treat all such records concerning employee vaccination as confidential medical records.<\/li>\n<li>For employers having both vaccinated and unvaccinated employees, develop a written plan that includes different policies and procedures for vaccinated and unvaccinated employees.<\/li>\n<li>Provide each employee with reasonable time, including up to 4 hours of paid time at the employee\u2019s regular rate of pay, to receive each vaccine dose if the vaccine is received during work hours.\u00a0Employers may <strong><em>not<\/em><\/strong> offset this time with accrued sick leave or vacation leave.<\/li>\n<li>Provide each employee with \u201creasonable time\u201d and paid sick leave to recover from side effects of the vaccine. The amount of paid sick leave may be capped, so long as the cap is reasonable.\u00a0(OSHA suggests up to 2 days of paid sick leave per dose may be reasonable, though this would be subject to other federal, state, or local laws, or collective bargaining agreements).<\/li>\n<li>Require unvaccinated employees to be tested for COVID-19 at least once every 7 days (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer). Employees may not self-administer and self-read the test unless this is observed by the employer or an authorized telehealth proctor.<\/li>\n<li>Remove any unvaccinated employee who fails to provide weekly COVID-19 test results from the workplace until the employee provides a negative test result.<\/li>\n<li>Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.<\/li>\n<li>For employers who implement a vaccination policy that allows testing in lieu of vaccination, maintain and preserve records of employee test results while the ETS is in effect.\u00a0These records must be treated as confidential medical records.<\/li>\n<li>Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis.\u00a0Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria.<\/li>\n<li>Make a determination as to the work-relatedness of an employee\u2019s reported case of COVID-19 and record work-related cases of COVID-19 on OSHA forms 200, 300A, and 301.\u00a0We urge employers to do this carefully and IMMEDIATELY after any employee reports he\/she has tested positive for COVID-19.<\/li>\n<li>Report work-related cases of COVID-19 that result in in-patient hospitalization within 24 hours of when the employer learns of the work-related hospitalization, <em>without regard to whether the employee was hospitalized within 24 hours of the work-related exposure to COVID-19<\/em>.<\/li>\n<li>Report work-related cases of COVID-19 that result in fatalities within 8 hours of when the employer learns of the work-related fatality, <em>without regard to whether the death occurred within 30 days of the work-related exposure to COVID-19. <\/em><\/li>\n<li>Train each employee in the requirements of the ETS and on the employer\u2019s policies and procedures established to comply with the ETS. Be sure to document this training.<\/li>\n<li>Provide information to each employee about COVID-19 vaccine efficacy, safety, and the benefits of being vaccinated. Be sure to document distribution of this information.<\/li>\n<li>Inform each employee about the anti-retaliation requirements found in 29 CFR 1904.35(b)(1)(iv) and in \u00a711(c) of the OSH Act.\u00a0Be sure to document this action.<\/li>\n<li>Inform each employee of the prohibitions in 18 U.S.C. 1001 and of section 17(g) of the OSH Act, which provide for criminal penalties associated with knowingly supplying false statements or documentation (such as falsification of COVID-19 vaccination documents).\u00a0Be sure to document compliance with this requirement.<\/li>\n<\/ol>\n<p>Note that the ETS does not require employers to pay for testing if employees are permitted to elect weekly testing in lieu of vaccination; but employers may be required to pay for testing and\/or pay for the time it takes an employee to be tested in order to comply with other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements.\u00a0We anticipate further guidance from the Department of Labor will be issued in the near future to clarify this issue.<\/p>\n<p><strong><u>Federal Contractors<\/u><\/strong><\/p>\n<p>Employers covered by the Safer Federal Workforce Task Force<em> COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors<\/em> are excluded from coverage by the ETS.\u00a0<strong>The vaccine mandate deadline for federal contractors was pushed back to January 4 to be consistent with the effective date for vaccination\/testing in the ETS.<\/strong><\/p>\n<p><strong><u>Health-Care Services<\/u><\/strong><\/p>\n<p>The ETS does not apply in settings where employees provide health-care services or health-care support services and are covered by 29 CFR 1910.502 (the previously issued ETS for the health-care industry).\u00a0Health-care employers with 100+ employees will need to follow the ETS with regard to any employees not covered by 1910.502.<\/p>\n<p><strong>Note: This is a dynamic situation and legal challenges are likely, including possible court injunctions.\u00a0 NIA will continue to keep you advised as additional information becomes available.<\/strong><\/p>\n<hr \/>\n<h2><strong>NIA Legal Counsel Shares Heat Illness Prevention Guidance<\/strong><\/h2>\n<p><strong>By Gary Auman, Auman, Mahan, and Furry<\/strong><\/p>\n<p>Just a few days after the President directed OSHA to promulgate a COVID ETS, he directed OSHA to develop a standard to cover heat illness prevention. It appears that this will follow usual standard development protocols. OSHA recently requested input from labor and management on such a standard. The date to submit comments is December 27<sup>th<\/sup>. OSHA may hold public hearings after it receives those comments, or it may just take the information received and develop a draft standard. My feeling is that OSHA will use the National Institute for Occupational Safety and Health (NIOSH) Criteria Document (which is about 10 years old) as the starting point to develop the standard. We have to remember that Doug Parker, recently confirmed as the head of OSHA, comes to the job from his former position as head of Cal OSHA, which has a very broad and very strict heat illness prevention standard. While OSHA is notorious for the length of time it takes to promulgate a new standard, I believe the heat illness prevention standard will be on a fast track.<\/p>\n<p>While OSHA goes about the rule-making process, remember that it has been mostly successful in enforcing heat illness prevention under the General Duty Clause, Section 5(a)(1) of the OSH Act, which requires all employers to provide their employees with a work place free of recognized hazards causing or likely to cause death or serious physical harm. Heat illness meets that criteria. In a decision in 2012, Judge Patrick Augustine of the Occupational Safety and Health Review Commission (OSHRC) listed five parts of the criteria document that he felt were feasible steps for employers to take to prevent heat illness. I am aware that this article is coming out as many of you enter a part of the year with cooler and colder temperatures, but those in the South may be confronted with heat illness issues year-round.<\/p>\n<p>After reviewing applications for the NIA STAR safety recognition awards, many companies should take additional steps to prevent heat illness or to meet the feasible steps discussed by Judge Augustine.\u00a0The five steps begin with acclimatization and proceed through training. Remember that your heat illness prevention program is based on the heat index, not on temperature alone. I strongly suggest that you have your site supervisors download the OSHA-NIOSH Heat Safety Tool app on their smart phones (<em><a href=\"https:\/\/nam04.safelinks.protection.outlook.com\/?url=https%3A%2F%2Fwww.osha.gov%2Fheat%2Fheat-app&amp;data=04%7C01%7Cjmclaughlin%40insulation.org%7C213820721fe14de70d5108d9a92cbea2%7C01b7de441c2c48feaa137ff6af2ccc25%7C0%7C0%7C637726831899563086%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=ircRoGpv8vHCr5irje9OKhApc8MBem%2FEslQ0WtPjH1Q%3D&amp;reserved=0\">https:\/\/www.osha.gov\/heat\/heat-app<\/a><\/em>). This will provide them with the heat index on their job site as well as reminders of actions they should take to prevent heat illness with that heat index.<\/p>\n<ol>\n<li><strong>Step One: Acclimatization.<\/strong> You need to identify employees who are reporting to the high heat index environment for the first time or are returning to the high heat index environment after having been away from it for 1 or 2 weeks. You need to set a schedule for the gradual indoctrination of those employees to the heat index on the job site over a period of 1 to 2 weeks. With this step, as well as the others, you might want to consult with your company doctor for guidance on the best approach for your employees.<\/li>\n<li><strong>Step Two: Establish a Work\/Rest Regimen.<\/strong> This will vary, depending on the heat index. For a low heart index, you might start with shorter rest periods, with longer work periods between them. As the heat index increases, you will need to increase the length and frequency of rest periods. Again, guidance can be obtained from the OSHA-NIOSH Heat Safety Tool and\/or from your company doctor.<\/li>\n<li><strong>Step Three: Hydration.<\/strong> You need to be sure you have adequate cool water on the job site. There should be sufficient water to provide up to a quart of water for each employee, each hour. You need to establish a hydration schedule at the start of the day and be prepared to modify it as the heat index increases. A rule of thumb here is a cup of water every 15 to 20 minutes in a moderate heat index. Again, consult the OSHA-NIOSH Heat Safety Tool and\/or your company doctor for advice and ideas.<\/li>\n<li><strong>Step Four: Cooling-off Areas.<\/strong> You should establish cooling-off areas in close proximity to the job site. These should be available for use by employees during rest breaks, especially as the heat index climbs during the day. They should also be available to employees anytime they begin to feel the symptoms of any heat illness. An employee who needs to use a cooling-off area should never be permitted to find their own way to the area. Ideally, the cooling-off area should have an ambient temperature of 75\u00b0F.<\/li>\n<li><strong>Step Five: Training.<\/strong> You should train your employees on the different types of heat illnesses, the symptoms of each, and how to recognize those symptoms in themselves and others. They should also be trained on the first-aid steps to take whenever they see the symptoms in themselves or others. Training also should include such things as staying away from caffeinated beverages and energy drinks. You should also warn employees that anyone with underlying medical issues such as heart disease, diabetes, high blood pressure, and\/or a history of prior episodes of heat illness is more susceptible to heat illness than other employees. Other related matters you can discuss with your employees include appropriate clothing for a high heat index environment. As you can see, training employees on this topic cannot be accomplished in a 5- to 10-minute toolbox talk.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>You need to document all training as well as the steps taken each day to protect your employees in a high heat index environment. Finally, your program has to be supervisor driven. You must ensure that supervisors know that this is not something they only tell their employees once and then leave it up to the employees to comply or not. <strong>Site supervisors must understand that<\/strong> <strong>they are 100% responsible for ensuring that employees working for them fully comply<\/strong> with each part of the steps listed. Start now with developing and implementing your heat illness prevention program. When OSHA eventually does finalize a heat illness prevention standard, you should see specific steps you will need to take to be in compliance. Until then, you need to follow the above steps to meet the requirements of the General Duty Clause.<\/p>\n<p>&nbsp;<\/p>\n<hr \/>\n<h2>U.S. Department of Labor Issues Revised Rule Concerning OSHA Access to Employee Medical Records<\/h2>\n<p>Announced on July 29, 2020, the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) has revised the <a href=\"https:\/\/s3.amazonaws.com\/public-inspection.federalregister.gov\/2020-15562.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Rules of Agency Practice and Procedure Concerning Occupational Safety and Health Administration Access to Employee Medical Records<\/a>. The rule describes internal procedures that OSHA personnel must follow when obtaining and using personally-identifiable employee medical information.<\/p>\n<p>OSHA has identified and amended several provisions of the regulation in order to improve efficiency in implementing these internal procedures. The final rule:<\/p>\n<ul>\n<li>Transfers the approval of written medical access orders (MAOs) from the Assistant Secretary of Occupational Safety and Health to the OSHA Medical Records Officer (MRO). The MRO is responsible for determining the transfer and public disclosure of personally-identifiable employee medical information in OSHA\u2019s possession;<\/li>\n<li>Clarifies that a written MAO does not constitute an administrative subpoena; and<\/li>\n<li>Establishes new procedures for the access and safeguarding of personally-identifiable employee medical information maintained in electronic form.<\/li>\n<\/ul>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA\u2019s role is to help ensure these conditions for America\u2019s working men and women by setting and enforcing standards, and providing training, education and assistance.<\/p>\n<p>For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2>U.S. Department of Labor Issues the Final Beryllium Standard For General Industry<\/h2>\n<p>On July 13, the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) published a final rule revising the beryllium standard for general industry. The final rule includes changes designed to clarify the standard, and simplify or improve compliance. These changes maintain protection for employees while ensuring that the standard is well understood and compliance is simple and straightforward.<br \/>\nThe final rule amends the following paragraphs of the beryllium standard for general industry: \u201cDefinitions,\u201d \u201cMethods of Compliance,\u201d \u201cPersonal Protective Clothing and Equipment,\u201d \u201cHygiene Areas and Practices,\u201d \u201cHousekeeping,\u201d \u201cMedical Surveillance,\u201d \u201cHazard Communication\u201d and \u201cRecordkeeping.\u201d It also has a new Appendix A: \u201cOperations for Establishing Beryllium Work Areas.\u201d<\/p>\n<p>The compliance date of this final standard as modified is September 14, 2020. OSHA has been enforcing most of the provisions for general industry since Dec. 12, 2018. The agency began enforcing the provisions for change rooms and showers on March 11, 2019, and engineering controls on March 10, 2020. The final standard will affect approximately 50,500 workers employed in general industry and is estimated to yield minor net cost savings to employers.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA\u2019s role is to help ensure these conditions for America\u2019s working men and women by setting and enforcing standards, and providing training, education, and assistance.<\/p>\n<p>For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2><strong>Action: Write a Letter to Congress<\/strong><\/h2>\n<p>NIA has been advocating for the insulation industry on your behalf. If you would also like to advocate for yourself, we have drafted a letter for you to personalize and send to your members of Congress. <a href=\"https:\/\/insulation.org\/wp-content\/uploads\/2020\/03\/MI-Essential-work-letter-to-officials.3-30-2020.clean_.updated.docx\" target=\"_blank\" rel=\"noopener noreferrer\">Click here to download a letter to personalize.<\/a><\/p>\n<hr \/>\n<h2><strong>Free Archived Webinar: COVID-19 Stimulus<\/strong>\u2014<strong><em>What Every Construction Employer Needs to Know<\/em><\/strong><\/h2>\n<p><strong>Recorded on: Tuesday, March 31, <\/strong><strong>2:00 p.m. ET<\/strong><\/p>\n<ul>\n<li><a href=\"https:\/\/attendee.gotowebinar.com\/recording\/4548303977065905926\" target=\"_blank\" rel=\"noopener noreferrer\">Click here to view the webinar archive<\/a><\/li>\n<li><a href=\"https:\/\/insulation.org\/wp-content\/uploads\/2020\/04\/NIA-COVID-19-03.31.2020_Updated.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Click here to view the webinar slides<\/a><\/li>\n<\/ul>\n<p>This webinar was a continuation of the March 24 webinar, provided as an industry association service. The content included the latest information about the Coronavirus Stimulus Package(s):<\/p>\n<ul>\n<li>Understanding and Incorporating Employer Tax Relief Options\u2014Sikich, LLC<\/li>\n<li>Impacts of the New Labor and Employer Mandates\u2014Auman, Mahan &amp; Furry<\/li>\n<\/ul>\n<p><strong>The Webinar Presenters:<br \/>\n<\/strong><strong>Andy Powell, CPA<\/strong> (<a href=\"&#109;a&#x69;l&#x74;&#111;&#x3a;&#97;&#x6e;&#100;y&#x2e;p&#x6f;&#119;&#x65;&#108;&#x6c;&#64;&#x73;&#105;k&#x69;c&#x68;&#46;&#x63;&#111;&#x6d;\">&#97;&#x6e;&#100;&#x79;&#46;&#112;&#x6f;&#119;&#x65;l&#x6c;&#64;&#115;&#x69;&#107;&#x69;c&#x68;&#x2e;&#99;&#x6f;m<\/a>) is a Partner at Sikich with over 30 years of experience in accounting, tax, and audit services. He has expertise in providing CFO, assurance, and management consulting services to a wide variety of organizations including government contractors, not-for-profits, and small businesses. In addition, Andy has extensive experience with indirect cost rate determination, the Defense Contract Audit Agency process, and compliance under the Federal Acquisition Regulation. Andy builds strong relationships with the clients he serves, which enables him to gain a deep understanding of their business needs and challenges in order to help them approach business decisions.<\/p>\n<p><strong>Attorney Matthew Bakota<\/strong> (<a href=\"&#109;a&#x69;l&#x74;&#111;&#x3a;&#109;&#x6a;&#98;&#64;&#x61;m&#x66;&#100;&#x61;&#121;&#x74;&#111;&#x6e;&#46;c&#x6f;m\">&#109;&#x6a;b&#64;&#x61;m&#102;&#x64;a&#121;&#x74;o&#110;&#x2e;&#99;&#x6f;&#x6d;<\/a>), with Auman, Mahan &amp; Furry, is certified as a specialist in Labor and Employment Law by the Ohio State Bar Association and is also certified as a Professional in Human Resources (PHR).<\/p>\n<p><strong>Attorney Amy Mitchell<\/strong> (<a href=\"&#109;&#x61;&#x69;&#108;&#x74;&#x6f;:&#x61;&#x63;m&#64;&#x61;m&#102;&#x64;a&#121;&#x74;o&#110;&#x2e;c&#111;&#x6d;\">&#97;&#x63;&#109;&#x40;a&#x6d;f&#100;&#x61;&#121;&#x74;&#111;&#x6e;&#46;&#x63;o&#109;<\/a>) is a partner in the labor and employment law group of Auman, Mahan &amp; Furry and is a Certified Specialist in Labor and Employment Law. She has been counseling business clients in workplace issues for over 17 years. In addition to advising employers on a day-to-day basis, Amy represents employers in federal and state courts and administrative agencies.<\/p>\n<hr \/>\n<h2><strong>Free Archived Webinar: Coronavirus\u2014What Construction Industry Employers Need to Know<\/strong><\/h2>\n<h3>Topics included: OSHA requirements, employee policies, a summary on the proposed Families First Coronavirus Response Act, and a Q&amp;A with presenters<\/h3>\n<p>Recorded on Tuesday, March 24, 10:00 a.m. ET<br \/>\nPresenters from Auman, Mahan &amp; Furry include NIA General Counsel Gary Auman, Attorney Matthew Bakota, and Attorney Amy Mitchell<\/p>\n<p><a href=\"https:\/\/register.gotowebinar.com\/recording\/3932259355881475\" target=\"_blank\" rel=\"noopener noreferrer\">View the free webinar: The Latest Legal Updates on COVID-19<\/a><\/p>\n<hr \/>\n<h2><strong>Free Articles on <\/strong><strong>Coronavirus<\/strong>\/<strong>COVID-19 for Employers from NIA Legal Counsel<\/strong><\/h2>\n<p>We would like to share several resources for employers related to Coronavirus disease (COVID-19) from NIA Legal Counsel, Gary Auman of Auman, Mahan &amp; Furry.<\/p>\n<ul>\n<li><a href=\"https:\/\/insulation.org\/io\/articles\/coronavirus-response-for-employers-next-steps-and-new-questions\/\">March 18, 2020: Coronavirus Response for Employers\u2014Next Steps and New Questions\u00a0\u00a0<\/a><\/li>\n<li><a href=\"https:\/\/insulation.org\/io\/articles\/coronavirus-response-for-employers\/\" target=\"_blank\" rel=\"noopener noreferrer\">March 11, 2020: Coronavirus Response for Employers<\/a><\/li>\n<li><a href=\"https:\/\/insulation.org\/io\/articles\/safety-news-alert-coronavirus\/\" target=\"_blank\" rel=\"noopener noreferrer\">March 11, 2020: Safety News Alert: Coronavirus<\/a><\/li>\n<\/ul>\n<hr \/>\n<h2><strong>From <em>NIA News<\/em> Safety Corner<br \/>\n<\/strong><\/h2>\n<p><strong>Occupational Safety and Health Administration (OSHA) Update and <\/strong><strong>Important Electronic Filing Update by NIA Legal Counsel Gary Auman<br \/>\n<\/strong><\/p>\n<p>In the May\/June issue of <em>NIA News<\/em>, we reported a change by the Occupational Safety and Health Review Commission (OSHRC) concerning the electronic filing on Notices of Contest (NOCs). The notice from the OSHRC made it appear that all Notices of Contest filed after June 10, 2019 would have to be filed electronically if the employer or the employer\u2019s representative had already established itself under the electronic filing procedures of the OSHRC. At first, I hesitated to bring this to our members\u2019 attention because in the 40+ years I have been counseling and representing employers in OSHA and workplace safety matters, it has been clear that the OSHRC does not have jurisdiction of a case until <strong>after<\/strong> the Notice of Contest has been filed. But, to be sure that NIA members and my other clients made timely filings of their NOC, I advised that they continue to mail the NOC to the Area Director who issued the citations and also electronically file the NOC with the OSHRC if they had established an electronic filing profile with the OSHRC. In this way, the employer would make sure it effectively filed its NOC.<\/p>\n<p>Recently, after more digging, we have determined that the NOC does not have to be electronically filed with the OSHRC to be effective. The OSHRC does not get jurisdiction of an NOC until after the Area Director has forwarded the NOC to the Solicitor for the Department of Labor and the OSHRC. So, we can all go back to the past practice we employed to file an NOC. Electronic filing will come into play now on all contested cases. The OSHRC will no longer ask if the parties agree to electronic filing as a case moves forward; it is now required.<\/p>\n<p><strong>Safety Enforcement<br \/>\n<\/strong>As any of you who have heard me speak on safety and OSHA compliance have heard me say, enforcement of your safety rules is essential to demonstrating that you have an effective safety culture and that safety is a cornerstone of your business. I have repeated these same comments to those of you who have participated in our safety awards program. As I continue to get involved in one way or another with the defense of OSHA citations received by my clients, I am finding that many companies are giving lip service to safety enforcement. While many companies continue to take a soft approach to safety enforcement, OSHA is stepping up enforcement activities and increasing the amount of the fines and penalties levied against companies for safety and health violations.<\/p>\n<p>Recently, Fuyao, an auto glass manufacturer in Dayton, Ohio\u2014my own backyard\u2014was fined $724,389 for \u201cexposing employees to multiple safety and health hazards.\u201d That is bad enough, and there were reasons for the number of citations and the amount of the fines. The Acting Regional Director of OSHA\u2019S Region V, which is headquartered in Chicago, also drilled on the responsibility of employers to make sure their employees understand ALL safety rules and comply with them. Bill Donovan, the Acting Regional Administrator, stated, \u201cThis company\u2019s repeated<strong><em> failure to implement and enforce safety and health programs at the workplace is unacceptable<\/em><\/strong>. Employers<strong><em> must continually<\/em><\/strong> evaluate their facilities for hazards, and train employees and managers to use proper safety controls and equipment to keep their worksites safe and healthful.\u201d (<strong><em>Emphasis added.<\/em><\/strong>) When you couple this with the language used by OSHA on October 11, 2018, when it slightly relaxed the existing prohibitions against mandatory post-accident drug testing and rate-based incentive programs, you can clearly see that OSHA believes a strong safety culture with an employer is evidenced by effective training and consistent and objective enforcement of safety rules. Mr. Donovan\u2019s comments send a clear message to employers in Region V that OSHA will be looking at training and safety enforcement when it considers how to effectively deal with an employer following an inspection during which safety compliance violations were noted.<\/p>\n<p>Having said all this, I want to remind you that my comments in this article and others I have written, and will write in the future, are focused on employee safety, not on avoiding citations and\/or keeping fines and penalties low.<\/p>\n<p>Having an effective enforcement program in your company is essential to defeating citations based on unpreventable employee misconduct and demonstrating your commitment to safety to regulatory authorities. Having interviewed many employees in various industries in the past 40+ years, I can assure you that if you orient your employees on your safety rules when they are hired and perform weekly toolbox talks and nothing more, you could randomly select 25% of your employees on any job site and interview them, and in most cases, fewer than 50% of them would be able to correctly respond to 10 questions about your safety program and rules. I am pretty sure that for many, if not most employers, if I were to take a look at your safety enforcement program, I would find inconsistent enforcement, at best. Remember that to be complete, your enforcement program must contain retraining, along with any disciplinary action.<\/p>\n<p><strong>Regulatory Activity<br \/>\n<\/strong>There are 2 items to report concerning regulatory activity. First, H.R. 3668, Asuncion Valdivia Heat Stress and Fatality Prevention Act of 2019, has been introduced in the U.S. House of Representatives by Rep. Judy Chu of California. The bill, if it becomes law, will require OSHA to promulgate a final rule within 2 years of the bill\u2019s enactment. The bill would require employers to develop procedures and methods for initial and regular monitoring of employee exposure to assess whether they are exposed to excessive heat. Beyond this, the bill has requirements that mirror the 2012 National Institute for Occupational Safety and Health (NIOSH) criteria document on heat illness prevention, although it does provide a requirement for hazard prevention, including engineering controls, administrative controls, or personal protective equipment (PPE). The bill is named after a California farm worker who died from heat stroke in 2004. As I have advised in the past, it was only going to be a matter of time before OSHA would move to promulgate a rule to address the heat stress issue. Apparently, OSHA was not moving fast enough for Congress. In addition to the 130 organizations that have signed on to a petition to OSHA to move on this issue, climate change has also been drawn into the mix. While I hesitate to predict what will happen to this bill, heat illness is topic with a high level of interest. The bill sends a message that at least one member of Congress does not feel that OSHA is moving quickly enough to address this problem. I think we can assume that the issue is now going to move forward, either at the Congressional level or through OSHA rule making.<\/p>\n<p>Finally, on July 29, OSHA submitted a draft notice of a Request for Information (RFI) preparatory to the Office of Management and Budget. The RFI, when it is published in the <em>Federal Register<\/em>, will seek information regarding tasks and tools that are listed in Table I of the current Respirable Crystalline Silica Standard. The goal is to provide additional common construction industry tasks with corresponding dust control methods to ease some of the burden on the construction industry in addressing this material. Stay tuned for more information as it becomes available.<\/p>\n<p><em>\u00a0<\/em><em>Gary Auman (<\/em><a href=\"http:\/\/www.amfdayton.com\" target=\"_blank\" rel=\"noopener noreferrer\">www.amfdayton.com<\/a><em>) is a Partner in the law firm of Auman, Mahan &amp; Furry in Dayton, Ohio. He graduated with an electrical engineering degree from the University of Louisville in 1969, and a law degree from The Ohio State University in 1976. Since then, his practice has focused on defending employers in workers\u2019 compensation and OSHA cases. In 2002, Mr. Auman was awarded the Distinguished Service to Safety Award by the National Safety Council. He has worked with OSHA in its development of safety and health standards, and he has defended OSHA cases in several federal appellate courts. Mr. Auman also represents 4 national and regional trade associations in the construction industry. He can be reached at <\/em><a href=\"&#x6d;&#x61;&#x69;&#108;&#116;&#111;:g&#x77;&#x61;&#x40;&#x61;&#109;&#102;da&#x79;&#x74;&#x6f;&#x6e;&#46;&#99;om\" target=\"_blank\" rel=\"noopener noreferrer\">&#x67;&#x77;&#x61;&#x40;&#x61;&#x6d;&#x66;&#x64;&#x61;&#x79;&#x74;&#x6f;&#x6e;&#x2e;&#x63;&#x6f;&#x6d;<\/a><em>.<\/em><\/p>\n<hr \/>\n<h2>Occupational Safety and Health Review Commission Update<\/h2>\n<p>August 2, 2019\u2014An Update from NIA Legal Counsel:<\/p>\n<p style=\"padding-left: 80px;\"><span style=\"color: #000080;\">In late May the Occupational Safety and Health Review Commission (OSHRC) announced that starting on June 10, 2019, all Notices of Contest (NOC) would have to be electronically filed with the Review Commission. At that time, I was surprised because under the rules, the Review Commission does not take jurisdiction of an Occupational Safety and Health Administration (OSHA) case until after the NOC is filed with the OSHA area director. But, because of the information we had received, I advised in the May\/June issue of <em>NIA News<\/em>, that after June 10 any NOC should be electronically filed with the Review Commission. I also advised that any employer filing an NOC should continue to file the NOC by letter with the appropriate area director until all of the bugs had been worked out of the system.<\/span><\/p>\n<p style=\"padding-left: 80px;\"><span style=\"color: #000080;\">\u00a0We continued to investigate this new rule and today we learned that my original concern and statement was correct. The NOC in any OSHA case in which one has to be filed SHALL (MUST) be filed by mail, or by hand delivery by no later than midnight on the 15<sup>th<\/sup> working day after the employer signs for the citations with the area director who issued the citations. It does not and should not be filed electronically with the Review Commission. If an NOC has been filed during this period electronically with the Review Commission no harm has been done, as long as the employer followed the advice I gave to also mail a copy of the NOC to the appropriate area director.<\/span><\/p>\n<p>For more information, please visit: <em><a href=\"http:\/\/www.oshrc.gov\/\">www.oshrc.gov\/<\/a><\/em>.<\/p>\n<p>To read the <em>NIA News<\/em> Safety Corner Article\u2014Occupational Safety and Health Review Commission Rule Changes, <a href=\"https:\/\/insulation.org\/wp-content\/uploads\/2019\/08\/SafetyCorner_MayJune.pdf\">click here.<\/a><\/p>\n<hr \/>\n<h2>U.S. Department of Labor Kicks Off Safe + Sound Week on August 12<\/h2>\n<div>The U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) will join businesses and organizations nationwide to recognize the importance and successes of workplace safety and health programs during Safe + Sound Week, August 12-18, 2019.<br \/>\nThe week-long event encourages employers to implement workplace safety initiatives, and highlight workers\u2019 contributions to improving safety. Businesses that incorporate safety and health programs can help prevent injuries and illnesses, reduce workers\u2019 compensation costs, and improve productivity.<\/div>\n<div>\u201cLeadership commitment matters and demonstrates workplace safety is a priority,\u201d said Acting Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. \u201cSafe + Sound Week reminds employers that safety and health programs help businesses save money, eliminate injuries, and most importantly save lives.\u201d<\/div>\n<div>Organizations of any size or in any industry looking for an opportunity to show their commitment to safety to workers, customers, the public, or supply chain partners can participate.<\/div>\n<div><\/div>\n<div>\n<p>For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<\/div>\n<div>\n<hr \/>\n<\/div>\n<h2><strong>Did You Know?<\/strong><\/h2>\n<div>OSHA Training Institute Education Centers offer <a href=\"https:\/\/www.osha.gov\/otiec\/courses\/title_description\" target=\"_blank\" rel=\"noopener noreferrer\">training courses<\/a> designed for workers, employers, and managers on safety and health hazard recognition and abatement at <a href=\"https:\/\/www.osha.gov\/dte\/edcenters\/map.html\" target=\"_blank\" rel=\"noopener noreferrer\">nationwide locations.<\/a><\/div>\n<div>\n<hr \/>\n<\/div>\n<h2>Deadline Alert: OSHA Form 300A<\/h2>\n<p><strong>OSHA Announcement:<\/strong> March 2, 2019, is the deadline for electronically reporting your OSHA Form 300A data for calendar year 2018.<\/p>\n<p>OSHA published a Final Rule to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep injury and illness records. Covered establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this Final Rule.<\/p>\n<p>Remember, not all establishments are covered by this requirement. For more information and to review which establishments need to provide their data, visit: <a href=\"http:\/\/www.osha.gov\/injuryreporting\/index.html\">www.osha.gov\/injuryreporting\/index.html<\/a>.<\/p>\n<hr \/>\n<h2>New OSHA Recordkeeping\u00a0 Rule<\/h2>\n<p>January 31, 2019 \u2013 An Occupational Safety and Health Administration (OSHA) update from NIA legal counsel:<\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">On January 24, 2019, OSHA issued a new final rule on recordkeeping requirements for all employers. As you are aware, all employers who employed 11 or more employees in a calendar year are required to complete the OSHA 300 log. Moreover, if you are one of these employers and required to maintain the log, you must also complete the OSHA 300A form for the preceding year prior to February 1 of the current year. So, if you were required to maintain the OSHA 300 log for 2018, you must complete the OSHA 300A by February 1 of this year. You must then post the 300A in your workplace from February 1 through April 30 of the current year. To count the number of employees in 2018, you need to count all employees who worked for you during this period. The count should include part-time employees as well as temporary employees. So, if you are incorporated and employed 10 full-time employees in 2018, including yourself, you would not have an obligation to complete an OSHA 300 log for 2018. However, if you have 10 employees in 2018 and used just 1 temporary employee or 1 part-time employee in 2018 in addition to your full-time compliment of 10 employees, you would have had 11 total employees in 2018 and the OSHA 300 and 300QA recordkeeping obligation would rise for your company. As a note to those involved in sole proprietorships or partnerships: \u201cFor businesses that are sole proprietorships or partnerships, the owners and partners would not be considered employees and would not be counted.\u201d<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">On May 12, 2016, OSHA issued a rule regarding the electronic submission of OSHA 300As, 300 logs, and 301 forms; however, on January 24, 2019, OSHA published a new final rule changing the 2016 requirements. Rather than causing confusion, I will cover the current requirements below. These changes were made in the interest of protecting employee privacy. In order to accomplish this purpose, the new standard (rule) no longer requires employers with 250 or more employees in the preceding calendar year to electronically file the 0SHA 300 logs or 301 forms for the preceding year. So now employers in high-hazard industries (including construction) with 250 or more employees in 2018 will only have to electronically file their OSHA 300A form for 2018 (which they completed by February 1, 2019) prior to March 2, 2019. In addition, all employers covered by the filing requirement are now required, under the new rule, to include their EIN (Employer Identification Number) with their filing. The OSHA 300A does not contain any employee-identifying information. The new rule does not affect the obligation of employers who had 20 or more employees, but not more than 249 employees in the preceding calendar year. Those employers are still required to electronically file their OSHA 300A forms by March 2, 2019, but they are now required to also include their EIN. Employers still must complete the forms and logs so as to be available upon request, but only the 300A and the EIN must be electronically submitted.\u00a0<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">Employee counts are made as I explained in the first paragraph of this notice. The March 2 electronic filing deadline will remain in place for all succeeding years. Remember, when you are looking at your OSHA 300 for 2018 to develop the information to put on the OSHA 300A\u2014which must be posted by February 1 and electronically filed by March 2\u2014to be sure your count of days away from work and restricted-duty days are accurate. In other words, remember that you are required to count up to 180 days in the days away from work and on restricted duty for each employee and each reportable injury in the year the injury occurred. As an example, if you had an employee injured in December of 2018 who is still off work, you should have estimated the days the employee would remain off work into 2019. That is the number you will record on the OSHA 300 for 2018 and use when completing the OSHA 300A in 2019. If, after the employee returns to work your estimate proves to be inaccurate, you must go back and edit the number of days to show the actual number of days away from work. But unless the employee returns to work prior to February 1 in the next year (in this case 2019), you will use the estimated number when completing the OSHA 300A.<\/span><\/p>\n<hr \/>\n<h2>U.S. Department of Labor Issues Final Rule to Protect Privacy of Workers<\/h2>\n<p>The U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) has issued a <a href=\"https:\/\/www.federalregister.gov\/documents\/2019\/01\/25\/2019-00101\/tracking-of-workplace-injuries-and-illnesses\" target=\"_blank\" rel=\"noopener noreferrer\">final rule<\/a> that eliminates the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA each year. These establishments are still required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).<\/p>\n<p>By preventing routine government collection of information that may be quite sensitive, including descriptions of workers\u2019 injuries and body parts affected, OSHA is avoiding the risk that such information might be publicly disclosed under the Freedom of Information Act (FOIA). This rule will better protect personally identifiable information or data that could be re-identified with a particular worker by removing the requirement for covered employers to submit their information from Forms 300 and 301. The final rule does not alter an employer\u2019s duty to maintain OSHA Forms 300 and 301 on-site, and OSHA will continue to obtain these forms as needed through inspections and enforcement actions.<\/p>\n<p>In addition, this rule will allow OSHA to focus its resources on initiatives that its past experience has shown to be useful\u2014including continued use of information from severe injury reports that helps target areas of concern, and seeking to fully utilize a large volume of data from Form 300A\u2014rather than on collecting and processing information from Forms 300 and 301 with uncertain value for OSHA enforcement and compliance assistance.<\/p>\n<p>The agency is also amending the recordkeeping regulation to require covered employers to electronically submit their Employer Identification Number with their information from Form 300A. The final rule\u2019s requirement for employers to submit their EIN to OSHA electronically along with their information from OSHA Form 300A will make the data more useful for OSHA and BLS, and could reduce duplicative reporting burdens on employers in the future.<\/p>\n<p>OSHA has determined that this final rule will allow OSHA to improve enforcement targeting and compliance assistance, protect worker privacy and safety, and decrease burden on employers.<\/p>\n<p>Collection of Calendar Year 2018 information from the OSHA Form 300A began on January 2, 2019. The deadline for electronic submissions is March 2, 2019.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA\u2019s role is to help ensure these conditions for America\u2019s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov<\/a>.<\/p>\n<hr \/>\n<h2>U.S. Department of Labor Proposes to Revise Beryllium Standard for General Industry<\/h2>\n<p>On December 10, the U.S. Department of Labor&#8217;s Occupational Safety and Health Administration (OSHA) issued a proposed rule to revise the beryllium standard for general industry. The proposed changes are designed to clarify the standard, and to simplify or improve compliance with the standard.<\/p>\n<p>The <a title=\"Beryllium Standard for General Industry\" href=\"https:\/\/www.federalregister.gov\/documents\/2018\/12\/11\/2018-26448\/beryllium-standard-for-general-industry\">proposed rule<\/a> would amend selected paragraphs of the <a title=\"Beryllium.\" href=\"https:\/\/www.osha.gov\/laws-regs\/regulations\/standardnumber\/1910\/1910.1024\">standard<\/a>, including &#8220;Definitions,&#8221; &#8220;Methods of Compliance,&#8221; &#8220;Personal Protective Clothing and Equipment,&#8221; &#8220;Hygiene Areas and Practices,&#8221; &#8220;Housekeeping,&#8221; &#8220;Medical Surveillance,&#8221; &#8220;Hazard Communication,&#8221; and &#8220;Recordkeeping.&#8221; It would also remove the existing Appendix A, which lists suggested controls, and replace it with a new Appendix A, Operations for Establishing Beryllium Work Areas.<\/p>\n<p>Comments, hearing requests, and other information must be submitted electronically at <a title=\"Regulations.gov\" href=\"https:\/\/www.regulations.gov\/\">http:\/\/www.regulations.gov<\/a>, the Federal eRulemaking Portal, or by facsimile or mail. Read the <a title=\"Revising the Beryllium Standard for General Industry - PDF\" href=\"https:\/\/s3.amazonaws.com\/public-inspection.federalregister.gov\/2018-26448.pdf\">Federal Register notice<\/a> for submission details. Comments must be submitted by February 9, 2019. The enforcement date for the provisions affected by this proposal is December 12, 2018. While this rulemaking is pending, compliance with the standard as modified by this proposal will be accepted as compliance.<\/p>\n<p>The proposal satisfies a settlement agreement with stakeholders that had concerns about some of the provisions in the 2017 beryllium final rule. The proposed rule would affect approximately 50,500 workers employed in general industry, and is estimated to yield minor net cost savings to employers. OSHA expects the proposed changes would provide employees with equivalent safety and health protections to the current standard.<\/p>\n<p>For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2>U.S. Department of Labor Provides Resources on Trenching-Related Hazards<\/h2>\n<p>On September 27, the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) announced the release of a series of compliance assistance resources to help keep workers safe from trenching and excavation hazards. OSHA\u2019s goal is to increase awareness of trenching hazards in construction, educate job creators and workers on safe cave-in prevention solutions, and decrease the number of trench collapses. These resources, which continue the goals of the Department\u2019s recently announced Office of Compliance Initiatives (OCI), encourage and facilitate compliance evaluations.<\/p>\n<p>Trench-related injuries are preventable when workers are properly trained and the required protections are in place. OSHA is working with industry stakeholders and providing new compliance assistance resources.<\/p>\n<ul>\n<li>U.S. Secretary of Labor Alexander Acosta recorded audio public service announcements in <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;101&amp;&amp;&amp;https:\/\/www.osha.gov\/PSA\/trenching_psa_eg_radio.mp3\">English<\/a> and <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;102&amp;&amp;&amp;https:\/\/www.osha.gov\/PSA\/trenching_psa_sp_radio.mp3\">Spanish<\/a> that highlight effective ways to stay safe when working around trenches and excavations. A 45-second video, \u201c<a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;103&amp;&amp;&amp;https:\/\/www.youtube.com\/watch?v=lmqLTgKNVQo\">5 Things You Should Know to Stay Safe<\/a>,\u201d also highlights well-known and proven safety measures that can eliminate hazards and prevent worker injuries.<\/li>\n<li>An updated <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;104&amp;&amp;&amp;https:\/\/www.osha.gov\/pls\/publications\/publication.searchresults?pSearch=Trench+Safety+QuickCard%99&amp;pSearch=\">trenching operations QuickCard<\/a> provides information on protecting workers around trenches, including daily inspections, and trench wall safety.<\/li>\n<li>OSHA\u2019s revised <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;105&amp;&amp;&amp;https:\/\/www.osha.gov\/Publications\/trench\/3215_trench_poster_eng.pdf\">\u201cProtect Workers in Trenches\u201d<\/a> poster provides a quick reminder of the three ways to prevent dangerous trench collapses: SLOPE or bench trench walls, SHORE trench walls with supports, or SHIELD trench walls with trench boxes. The poster is available in\u00a0<a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;106&amp;&amp;&amp;https:\/\/www.osha.gov\/Publications\/trench\/3215_trench_poster_eng.pdf\">English\u00a0<\/a>and\u00a0<a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;107&amp;&amp;&amp;https:\/\/www.osha.gov\/Publications\/trench\/3255_trench_poster_sp.pdf\">Spanish<\/a>.<\/li>\n<li>An updated <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;108&amp;&amp;&amp;https:\/\/www.osha.gov\/SLTC\/trenchingexcavation\/index.html\">trenching and excavation webpage<\/a> provides additional information on trenching hazards and solutions.<\/li>\n<\/ul>\n<p>OSHA\u2019s <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;109&amp;&amp;&amp;https:\/\/www.osha.gov\/dcsp\/smallbusiness\/consult.html\">On-Site Consultation Program<\/a> provides valuable services for job creators that are separate from enforcement. OSHA recently published an <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;110&amp;&amp;&amp;https:\/\/www.osha.gov\/dcsp\/smallbusiness\/2018_Benefits_OSHA_On-Site_Consultation_Program_Economic_Analysis.pdf\">analysis<\/a> demonstrating how the agency\u2019s On-Site Consultation Program contributes $1.3 billion to the national economy each year. Job creators who implement workplace improvements can reduce lost time due to injuries and illnesses, improve employee morale, increase productivity, and lower workers\u2019 compensation insurance premiums.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA\u2019s role is to help ensure these conditions for America\u2019s working men and women by setting and enforcing standards, and providing training, education and assistance. \u00a0For more information, visit <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;111&amp;&amp;&amp;http:\/\/www.osha.gov\/\">http:\/\/www.osha.gov<\/a>.<\/p>\n<p>OCI \u2013 housed within the Department of Labor\u2019s Office of the Assistant Secretary for Policy \u2013 fosters a compliance assistance culture within the Department designed to complement its ongoing enforcement efforts. This Office focuses on helping enforcement agencies more effectively use online resources to deliver information and compliance assistance to help the American people. In August 2018, OCI launched <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;112&amp;&amp;&amp;https:\/\/www.worker.gov\/\">Worker.gov<\/a> and <a href=\"http:\/\/links.govdelivery.com:80\/track?type=click&amp;enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTgwOTI3Ljk1NDQzMzcxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE4MDkyNy45NTQ0MzM3MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTUwMzgzJmVtYWlsaWQ9am1jbGF1Z2hsaW5AaW5zdWxhdGlvbi5vcmcmdXNlcmlkPWptY2xhdWdobGluQGluc3VsYXRpb24ub3JnJmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&amp;&amp;&amp;113&amp;&amp;&amp;https:\/\/www.employer.gov\/\">Employer.gov<\/a> to provide information about workers\u2019 rights and the responsibilities of job creators toward their workers.<\/p>\n<p>For more information, visit <a href=\"https:\/\/www.osha.gov\/\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2>U.S. Department of Labor Posts New Frequently Asked Questions and Videos on OSHA Standard for Controlling Silica in Construction<\/h2>\n<p>On August 22,\u00a0 the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) announced\u00a0 that new frequently asked questions (FAQs) and training videos on the Agency\u2019s standard for respirable crystalline silica in construction are now available online.<\/p>\n<p>Developed by OSHA in cooperation with industry and labor organizations, the <a href=\"https:\/\/www.osha.gov\/dsg\/topics\/silicacrystalline\/construction_info_silica.html\" target=\"_blank\" rel=\"noopener noreferrer\">FAQs<\/a> provide employers and workers with guidance on the standard\u2019s requirements. In addition, a series of <a href=\"https:\/\/www.osha.gov\/dsg\/topics\/silicacrystalline\/construction.html#VideosTable1Tasks\" target=\"_blank\" rel=\"noopener noreferrer\">6 new videos<\/a> instruct users on methods for controlling exposure to silica dust when performing common construction tasks, or using construction equipment. The videos cover topics including handheld power saws, jackhammers, drills, and grinders.<\/p>\n<p>Visit OSHA\u2019s <a href=\"https:\/\/www.osha.gov\/dsg\/topics\/silicacrystalline\/construction.html\" target=\"_blank\" rel=\"noopener noreferrer\">silica standard for construction page<\/a> for more information and resources on complying with the standard.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA\u2019s role is to help ensure these conditions for America\u2019s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit <a href=\"https:\/\/www.osha.gov\/\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2><strong>U.S. Department of Labor Extends Some Compliance Dates For General Industry Beryllium Standard<\/strong><\/h2>\n<p>On August 8, 2018, the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) issued a final rule to extend the compliance date for specific ancillary requirements of the general industry beryllium standard to December 12, 2018.<br \/>\nThis extension affects provisions for methods of compliance, beryllium work areas, regulated areas, personal protective clothing and equipment, hygiene facilities and practices, housekeeping, communication of hazards, and recordkeeping. This compliance date extension does not affect the compliance dates for other requirements of the general industry beryllium standard.<\/p>\n<p>OSHA has determined that the extension will maintain essential safety and health protections for workers while the agency prepares a Notice of Proposed Rulemaking to clarify certain provisions of the beryllium standard that would maintain the standard\u2019s worker safety and health protections, and address employers\u2019 compliance burdens.<br \/>\nOSHA began enforcing the new permissible exposure limits for general industry, construction, and shipyards, and the general industry provisions for exposure assessment, respiratory protection, medical surveillance, and medical removal on May 11, 2018. Those requirements are unaffected by this rule. Any provisions for which the standard already establishes compliance dates in 2019 (change rooms and showers) or 2020 (engineering controls) are also unaffected by this rule.<\/p>\n<p>For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<div class=\"entry-content\">\n<h2>OSHA Electronic Record Keeping<\/h2>\n<p>July 31, 2018 \u2013 An Occupational Safety and Health Administration (OSHA) update from NIA legal counsel:<\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">Today, OSHA filed a Notice of Proposed Rulemaking (NPRM) to eliminate the requirement for businesses with 250 or more employees to electronically file their OSHA 300 and 301 form annually. The proposed rule would eliminate this requirement. The rule for all employers with 20 or more employees to electronically file their OSHA 300A forms each year will remain in place.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">It appears that the driving force behind this action is a concern for the privacy of employees who have been injured on the job and therefore listed on the OSHA 300. There should also be an OSHA 301 on each of the accidents that led to the 300 listing. The privacy concern relates mostly to the OSHA 301 forms, which require personal information on the injured employee. This information includes the name of the employee; his\/her home address; date of birth; whether the employee was treated in an emergency room and released or hospitalized overnight; and the nature of the employee\u2019s injury. Not only would this information be posted on the OSHA website, but it could also be obtained, after it was in the possession of OSHA under a Freedom of Information Act request. OSHA has taken the position that such information would be exempt from such a request, but commenters are concerned that an FOIA request, if the FOIA denial was appealed into court, the court might order its production to the requesting party.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">The three forms, the 300, 300A, and the 301 will remain, and the 300A will still be electronically filed, but the 300 and 301 forms will be exempted from electronic filing.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">I expect that the current delay in the July 1 deadline for filing the 300 and 301 forms for large employers will continue in place until a final rule is published.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #003366;\">None of these actions have any impact on the anti-retaliation rules that became effective on December 1, 2016.<\/span><\/p>\n<p>For more information, please visit <a href=\"https:\/\/www.osha.gov\/injuryreporting\/index.html\">https:\/\/www.osha.gov\/injuryreporting\/index.html<\/a>.<\/p>\n<\/div>\n<hr \/>\n<div class=\"entry-content\">\n<h2>OSHA Electronic Record Keeping<\/h2>\n<p>An OSHA update from NIA legal counsel. Please read the following and take note of the deadlines for your business.<\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #000080;\">The new e-filing requirement by the Occupational Safety and Health Administration (OSHA) has been fraught with start-up problems. First, there was the delay on the initial e-filing requirement, which delayed the date for e-filing OSHA 300A\u2019s from July 1, 2017, until December 31, 2017. Therefore, all employers with 20 or more employees in 2016 were required to e-file their OSHA 300A forms for 2016 (the form posted at their worksites from February 1, 2017, until April 30, 2017, by midnight on December 31, 2017.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #000080;\">The second phase of the new electronic recordkeeping rule was to go into effect on July 1, 2018. On this date all employers with 20 or more employees in 2017 are to e-file their OSHA 300A forms for 2017.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #000080;\">The second part of the new rule was to require all employers with 250 or more employees in 2017 to e-file their OSHA 300 and 301 forms by July 1, 2018. In 2017, however, the National Association of Home Builders (NAHB) filed for a lawsuit in federal District Court in Oklahoma challenging the authority of OSHA to issue an electronic reporting rule. This case is still pending. As a result of this action by NAHB, OSHA agreed to begin the process of rulemaking to revisit at least the requirement for filing the OSHA 300 and 301 forms. According to the most recent status report filed with the court by OSHA, the Notice of Proposed Rulemaking (NPRM) is currently being reviewed by OSHA pending publication in the Federal Register.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #000080;\">While all of this is occurring, OSHA has announced that it will not accept any OSHA 300 or 301 forms on its electronic filing site. Thus, the e-filing requirement for the OSHA 300 and 301 forms has been, at least temporarily, delayed. This means that all employers with 20 or more employees in 2017 must only e-file their 300A forms by July 1. No other e-filing is required, no matter the size of the employer.<\/span><\/p>\n<p style=\"padding-left: 60px;\"><span style=\"color: #000080;\">Please remember that the e-filing requirement, now limited to the 300A forms, will be on March 2, 2019.<\/span><\/p>\n<p>For more information, please visit <a href=\"https:\/\/www.osha.gov\/injuryreporting\/index.html\">https:\/\/www.osha.gov\/injuryreporting\/index.html<\/a>.<\/p>\n<\/div>\n<hr \/>\n<h2><strong>OSHA&#8217;s Safe + Sound Week Is August 13-19, 2018<\/strong><\/h2>\n<p>A nationwide event to raise awareness and understanding of the value of safety and health programs that include management leadership, worker participation, and a systematic approach to finding and fixing hazards in workplaces. <a href=\"https:\/\/www.osha.gov\/safeandsoundweek\/\" target=\"_blank\" rel=\"noopener noreferrer\">Click here to learn more, including a webinar on June 26<\/a><\/p>\n<hr \/>\n<h2><strong>June 12 Is National Forklift Safety Day<\/strong><\/h2>\n<p>Sponsored by the Industrial Truck Association (ITA), forklift manufacturers will highlight the safe use of forklifts, the importance of operator training, and the need for daily equipment checks. ITA works with OSHA through an alliance to provide training seminars for OSHA inspectors and develop safety materials. <a href=\"https:\/\/www.osha.gov\/SLTC\/poweredindustrialtrucks\/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Visit OSHA&#8217;s forklift webpage for resources to share on National Forklift Safety Day <\/a><\/p>\n<hr \/>\n<h2>OSHA Issues Direct Final Rule Revising Beryllium Standard for General Industry; Delays Enforcement of Certain Provisions<\/h2>\n<p>On May 4, OSHA issued a direct final rule clarifying aspects of the beryllium standard for general industry as it applies to processes, operations, and areas where workers may be exposed to materials containing less than 0.1% beryllium by weight. The direct final rule will go into effect on July 4 unless OSHA receives significant adverse comments by June 4. For details, see the <a href=\"https:\/\/www.osha.gov\/news\/newsreleases\/trade\/05042018\" target=\"_blank\" rel=\"noopener noreferrer\">news release.<\/a><\/p>\n<p>OSHA also <a href=\"https:\/\/www.osha.gov\/news\/newsreleases\/trade\/05102018\" target=\"_blank\" rel=\"noopener noreferrer\">announced<\/a> that it will begin enforcing certain requirements of the beryllium final rule, including the permissible exposure limits in the general industry, construction, and shipyard standards; and the exposure assessment, respiratory protection, medical surveillance, and medical removal provisions in the general industry standard.<br \/>\nThe agency will delay enforcement of other ancillary provisions for general industry until June 25, 2018. The Agency plans to issue a proposal to further extend this compliance date for the ancillary provisions to Dec. 12, 2018.<\/p>\n<hr \/>\n<h2>OSHA Issues New and Revised Silica Fact Sheets<\/h2>\n<div class=\"entry-content\">\n<p>On December 27, the Occupational Safety and Health Administration (OSHA) provided a link to 18 new and revised fact sheets that provide guidance on the respirable crystalline silica standard for construction. One of the revised fact sheet is an overview of the silica standard.<\/p>\n<p><a href=\"https:\/\/www.osha.gov\/pls\/publications\/publication.searchresults?pSearch=Controlling%20Silica%20Dust%20in%20Construction%20&amp;pSearch=\" target=\"_blank\" rel=\"noopener noreferrer\">Click here to read more<\/a><\/p>\n<\/div>\n<hr \/>\n<h2>OSHA Accepting Electronically Submitted Injury, Illness Reports Through December 31<\/h2>\n<p>On December 18,\u00a0 the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA) announced that it will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on December 31, 2017. OSHA will not take enforcement action against those employers who submit their reports after the December 15, 2017, deadline but before December 31, 2017, final entry date. Starting January 1, 2018, the ITA will no longer accept the 2016 data.<\/p>\n<p>For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov<\/a>.<\/p>\n<hr \/>\n<h2>OSHA Extends Compliance Date for Electronically Submitting Injury, Illness Reports to December 15, 2017<\/h2>\n<p>On November 22, 2017, the Occupational Safety and Health Administration (OSHA)\u00a0 extended the date by which employers must electronically report injury and illness data through the Injury Tracking Application (ITA) to December 15, 2017.<\/p>\n<p>OSHA\u2019s final rule to Improve Tracking of Workplace Injuries and Illnesses sets December 15, 2017, as the date for compliance (a two-week extension from the December 1, 2017, compliance date in the proposed rule). The rule requires certain employers to electronically submit injury and illness information they are already required to keep under existing OSHA regulations.<\/p>\n<p>Unless an employer is under federal jurisdiction, the following OSHA-approved State Plans have not yet adopted the requirement to submit injury and illness reports electronically: California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming.\u00a0 Establishments in these states are not currently required to submit their summary data through the ITA. Similarly, state and local government establishments in Illinois, Maine, New Jersey, and New York are not currently required to submit their data through the ITA.<\/p>\n<p><a href=\"https:\/\/www.osha.gov\/injuryreporting\/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Click here to read more on OSHA\u2019s website.<\/a><\/p>\n<hr \/>\n<h2>OSHA\u2019s Interim Silica Guidance and Enforcement<\/h2>\n<div class=\"entry-content\">\n<p>On October 23, 2017, the Occupational Safety and Health Administration (OSHA) began fully enforcing the <a href=\"https:\/\/www.osha.gov\/silica\/SilicaConstructionRegText.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">new respirable crystalline silica standard for construction.<\/a> <a href=\"https:\/\/www.osha.gov\/pls\/oshaweb\/owadisp.show_document?p_table=INTERPRETATIONS&amp;p_id=31349\" target=\"_blank\" rel=\"noopener noreferrer\">Interim guidance<\/a> issued to OSHA compliance staff highlights some of the requirements of the standard.<\/p>\n<p>Information on silica hazards and related OSHA standards can be found on <a href=\"https:\/\/www.osha.gov\/dsg\/topics\/silicacrystalline\/\" target=\"_blank\" rel=\"noopener noreferrer\">OSHA\u2019s website.<\/a><\/p>\n<hr \/>\n<\/div>\n<h2>OSHA Releases Worker Safety and Health Resources for Hurricane and Flood Cleanup and Recovery<\/h2>\n<p>Visit their web page at <a href=\"https:\/\/www.osha.gov\/SLTC\/emergencypreparedness\/worker_sh_resources_hurricanes_floods.html\">https:\/\/www.osha.gov\/SLTC\/emergencypreparedness\/worker_sh_resources_hurricanes_floods.html. <\/a><\/p>\n<hr \/>\n<h2>OSHA Issues Proposed Rule to Extend Compliance Deadline for Crane Operator Certification Requirements<\/h2>\n<p>On August 30, 2017, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking to extend the employer&#8217;s responsibility to ensure crane operator competency and enforcement for crane operator certification to November 10, 2018.<\/p>\n<p>OSHA issued a final rule in September 2014, extending the deadline by 3 years for crane operator certification requirements in the Cranes and Derricks in Construction standard. The final rule also extended by 3 years the employer&#8217;s responsibility to ensure that crane operators are competent to operate a crane safely.<\/p>\n<p>The agency is now proposing an extension of the enforcement date to address stakeholder concerns over the operator certification requirements in the Cranes and Derricks in Construction standard.<\/p>\n<p>Comments must be submitted by September 29, 2017. For more information, visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov<\/a>.<\/p>\n<hr \/>\n<h2>OSHA Launches Electronic Reporting System<\/h2>\n<p>As of August 1, 2017, the Occupational Safety and Health Administration (OSHA) is accepting electronic submissions of injury and illness reports. Employers can begin submitting Form 300A data using the Injury Tracking Application, an electronic reporting system. Visit <a href=\"http:\/\/www.osha.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.OSHA.gov<\/a> or <a href=\"https:\/\/www.osha.gov\/injuryreporting\/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">click here<\/a> to learn more.<\/p>\n<hr \/>\n<h2>OSHA to Launch Online Electronic Reporting Form on August 1<\/h2>\n<p>On August 1, the Occupational Safety and Health Administration (OSHA) will launch a web-based form that will allow employers to electronically submit required injury and illness data from their completed 2016 OSHA Form 300A. The webpage will offer three options for submitting data, and includes information on reporting requirements, a list of frequently asked questions, and a link to request assistance with completing the form.<\/p>\n<p>OSHA published a notice of proposed rulemaking in June to extend the deadline for electronically submitting the data to December 1, 2017.\u00a0 <a href=\"https:\/\/www.osha.gov\/news\/newsreleases\/trade\/07142017\" target=\"_blank\" rel=\"noopener noreferrer\">Read the full press release.<\/a><\/p>\n<p>For more information, visit <a href=\"https:\/\/www.osha.gov\/injuryreporting\/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2>OSHA Proposes to Delay Compliance Date for Electronic Reporting Rule<\/h2>\n<p>On June 27, 2017, the U.S. Department of Labor\u2019s Occupational Safety and Health Administration (OSHA)\u00a0 proposed a delay in the electronic reporting compliance date of the Improve Tracking of Workplace Injuries and Illnesses rule from July 1, 2017, to December 1, 2017.<\/p>\n<p>The agency published the final rule on May 12, 2016, and has determined that a further delay of the compliance date is appropriate for the purpose of additional review into questions of law and policy.<\/p>\n<p>OSHA invites the public to comment on the proposed deadline extension. Comments may be submitted electronically at <a href=\"http:\/\/www.regulations.gov\" target=\"_blank\" rel=\"noopener noreferrer\">www.regulations.gov<\/a>, the Federal e-Rulemaking Portal, or by mail or facsimile. See the <a href=\"https:\/\/www.federalregister.gov\/documents\/2017\/06\/28\/2017-13550\/improve-tracking-of-workplace-injuries-and-illnesses-proposed-delay-of-compliance-date\" target=\"_blank\" rel=\"noopener noreferrer\">Federal Register<\/a> notice for details. The deadline for submitting comments is July 13, 2017.<\/p>\n<p>For more information, visit <a href=\"https:\/\/www.osha.gov\/recordkeeping\/\" target=\"_blank\" rel=\"noopener noreferrer\">www.osha.gov.<\/a><\/p>\n<hr \/>\n<h2>OSHA Electronic Reporting Rule Indefinitely Suspended<\/h2>\n<p>Gary Auman<br \/>\nNIA General Counsel<\/p>\n<p>On Wednesday, May 17, 2017, the Occupational Safety and Health Administration (OSHA) indefinitely suspended the new electronic reporting rule that was to go into effect on July 1. OSHA indicated that it wanted to further investigate employer concerns raised about the new rule. As of the day of its action, OSHA had not yet established a web address for employers to use when making these reports.<\/p>\n<p><em>From the OSHA website: Updates will be posted to the OSHA website at <a href=\"http:\/\/www.osha.gov\/recordkeeping\">www.osha.gov\/recordkeeping<\/a> when they are available.<\/em><\/p>\n<hr \/>\n<h2>OSHA\u20142013 Interpretative Letter<\/h2>\n<p>Gary W. Auman<br \/>\nNIA General Counsel<\/p>\n<p>May 2017\u2014The Occupational Safety and Health Administration (OSHA) has recently taken action to rescind the February 2013 interpretative letter, also known as the Fairfax memo, which permitted employees at non-union companies to designate a non-employee union representative to accompany an OSHA compliance officer as he\/she conducted a site compliance inspection. The Fairfax memo was issued at the request of organized labor. The focus of the organized labor was Section 1903.8(c) of the Code of Federal Regulations. This section gives a compliance officer the latitude to permit a third party to accompany him during an inspection if he feels that the third party can contribute some expertise to assist him during the inspection. Prior to the Fairfax memo this assistance focused on safety engineers or industrial hygienists.<\/p>\n<p>The position of organized labor was that this regulation contemplates permitting \u201cany\u201d third party to accompany the compliance officer if the compliance officer feels that the presence of the third party was reasonably necessary.\u00a0 While most could see how a third party industrial hygienist or a safety engineer or even an interpreter could add a level of expertise to compliance it was considerably more difficult to see such a contribution in a compliance inspection. The rationalization was that the union representative may have had experience in evaluating working conditions or had some other potentially valuable contribution to make.<\/p>\n<p>Non-union employers saw this more as a blatant attempt of organized labor to gain access to their workforce. Recently the Fairfax memo was challenged in the U. S. District Court for the Northern District of Texas. The challenge was that the interpretive letter was in fact an expansion of the existing regulation and, therefore should have been proposed under the rule-making provision of the Administrative Procedures Act. Following an action by the Court on the lawsuit in early February 2017, OSHA on April 27, 2017, agreed to rescind the interpretation letter and to remove that \u201cguidance\u201d from the Field Operations Manual.<\/p>\n<hr \/>\n<h2>OSHA Delays Enforcement of Crystalline Silica Standard in the Construction Industry<\/h2>\n<p>April 6, 2017<br \/>\nContact: Office of Communications<br \/>\nPhone: 202-693-1999<\/p>\n<p>The Occupational Safety and Health Administration announced a delay in enforcement of the crystalline silica standard that applies to the construction industry. Originally scheduled to begin June 23, 2017, enforcement will now begin September 23, 2017. OSHA will be conducting additional outreach and providing educational materials and guidance for employers.<\/p>\n<p>OSHA expects employers in the construction industry to continue to take steps either to come into compliance with the new permissible exposure limit, or to implement specific dust controls for certain operations as provided in Table 1 of the standard. Construction employers should also continue to prepare to implement the standard\u2019s other requirements, including exposure assessment, medical surveillance and employee training.<\/p>\n<hr \/>\n<h2 class=\"text-center\"><strong>US Labor Department announces delay in beryllium rule effective date<\/strong><\/h2>\n<p>March 22, 2017<\/p>\n<p>WASHINGTON &#8211; The U.S. Department of Labor has announced <a title=\"US LABOR DEPARTMENT PROPOSES DELAY TO BERYLLIUM RULE EFFECTIVE DATE\" href=\"https:\/\/www.dol.gov\/newsroom\/releases\/osha\/osha20170301\">a delay<\/a> in the effective date of the rule titled &#8220;<a title=\"Occupational Exposure to Beryllium\" href=\"https:\/\/www.federalregister.gov\/documents\/2017\/01\/09\/2016-30409\/occupational-exposure-to-beryllium\">Occupational Exposure to Beryllium<\/a>,&#8221; from March 21, 2017, to May 20, 2017.<\/p>\n<p>The delay will allow the <a title=\"Occupational Safety and Health Administration - Home\" href=\"https:\/\/www.osha.gov\/index.html\">Occupational Safety and Health Administration<\/a> an opportunity for further review and consideration of the rule, in keeping with a Jan. 20, 2017, <a title=\"Memorandum for the Heads of Executive Departments and Agencies\" href=\"https:\/\/www.whitehouse.gov\/the-press-office\/2017\/01\/20\/memorandum-heads-executive-departments-and-agencies\">White House memorandum<\/a>, titled &#8220;Regulatory Freeze Pending Review.&#8221;<\/p>\n<p>OSHA published the final rule on Jan. 9, 2017, and previously announced the effective date would be postponed to March 21, 2017. On March 1, 2017, OSHA <a title=\"OSHA's Beryllium Rule: Stakeholder Participation and Changes to the Proposed Rule - PDF\" href=\"https:\/\/www.osha.gov\/Publications\/OSHA3906.pdf\">sought comments<\/a> on a further extension to May 20, 2017.<\/p>\n<p>OSHA has now determined that the further delay is appropriate for the purpose of additional review into questions of law and policy.<\/p>\n<p>The extension of the effective date will not affect the compliance dates of the beryllium rule. For more information, see the OSHA <a title=\"Final Rule to Protect Workers from Beryllium Exposure\" href=\"https:\/\/www.osha.gov\/berylliumrule\/index.html\">web page<\/a>.<\/p>\n<p>Please find the link to the notice on the Federal Register <a title=\"Occupational Exposure to Beryllium; Further Delay of Effective Date\" href=\"https:\/\/www.federalregister.gov\/documents\/2017\/03\/21\/2017-05569\/occupational-exposure-to-beryllium-further-delay-of-effective-date\">here<\/a>.<\/p>\n<hr \/>\n<h2 class=\"text-center\"><strong>OSHA issues recommended practices to promote workplace anti-retaliation<br \/>\nprograms<\/strong><\/h2>\n<p>January 13, 2017<br \/>\nContact: Office of Communications<br \/>\nPhone: 202-693-1999<\/p>\n<p>WASHINGTON &#8211; The Occupational Safety and Health Administration today issued <a title=\"Recommended Practices for Anti-Retaliation Programs\" href=\"https:\/\/www.whistleblowers.gov\/recommended_practices.html\">Recommended Practices for Anti-Retaliation Programs<\/a> to help employers create workplaces in which workers feel comfortable voicing their concerns without fear of retaliation. The recommendations are intended to apply to all public and private sector employers covered by <a title=\"Statutes\" href=\"https:\/\/www.whistleblowers.gov\/statutes_page.html\">the 22 whistleblower protection laws<\/a> that OSHA enforces.<\/p>\n<p>The recommendations are adaptable to most workplaces, and employers may adjust them for such variables as number of employees, the makeup of the workforce, and the type of work performed. The concepts can be used to create a new program or enhance an existing one.<\/p>\n<p>The document outlines five key elements of an effective anti-retaliation program:<\/p>\n<ol>\n<li>Management leadership, commitment, and accountability<\/li>\n<li>System for listening to and resolving employees&#8217; safety and compliance concerns<\/li>\n<li>System for receiving and responding to reports of retaliation<\/li>\n<li>Anti-retaliation training for employees and managers<\/li>\n<li>Program oversight<\/li>\n<\/ol>\n<p>&#8220;These recommended practices will provide companies with the tools to create a robust anti-retaliation program,&#8221; said Jordan Barab, acting assistant secretary of labor for occupational safety and health. &#8220;In the long run, it&#8217;s good for workers and good for business.&#8221;<\/p>\n<p>An initial draft of the Recommended Practices was posted for review and comment in the fall of 2016. The final document incorporates many of these comments, as described <a title=\"OSHA's Response to Public Comments for Recommended Practices for Anti-Retaliation Programs - PDF\" href=\"https:\/\/www.whistleblowers.gov\/FinalResponseRecommendedPractices.pdf\">here<\/a>.<\/p>\n<p>These recommendations are advisory only and do not interpret or create any legal obligations, or alter existing obligations created by OSHA standards or regulations.<\/p>\n<p>OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act, and 21 other statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health regulations, and consumer product safety laws. For more information, visit <a title=\"Whistleblower Protection Program\" href=\"https:\/\/www.whistleblowers.gov\/\">www.whistleblowers.gov<\/a>.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA&#8217;s role is to ensure these conditions for America&#8217;s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit <a title=\"Occupational Safety and Health Administration - Home\" href=\"https:\/\/www.osha.gov\/index.html\">www.osha.gov<\/a>.<\/p>\n<hr \/>\n<h2>Update on Overtime Rules<\/h2>\n<p>December 8, 2016<br \/>\nStephen A. Watring<br \/>\nDunlevey, Mahan + Furry, <a href=\"http:\/\/www.dmfdayton.com\/\">www.dmfdayton.com<\/a><\/p>\n<p>According to an order just issued today by the 5th Circuit Court of Appeals in New Orleans, briefing over the Department of Labor\u2019s controversial new white collar exemption rules will not be completed until \u00a0January 31, 2017, with oral argument before the Court to be scheduled thereafter.\u00a0\u00a0 Under the briefing schedule, the Department of Labor is to file two briefs\u2014the first while Obama is still in power and the second 11 days after Trump takes office.\u00a0 It remains to be seen whether the Trump administration will support the new rules or retreat from them in some fashion.<\/p>\n<p>At a minimum, this means that the new white collar salary rules will be blocked until after Trump takes office.\u00a0 Employers that have not yet taken steps to implement the new rules may desire to delay implementation until this issue is resolved.<\/p>\n<p>These rules were scheduled to go into effect on December 1, 2016.\u00a0 As discussed in our November 23 alert, a federal judge in Texas issued a nationwide injunction temporarily blocking the rules.\u00a0 That decision was then appealed to the 5th Circuit.<\/p>\n<p>&nbsp;<\/p>\n<hr \/>\n<h2 class=\"text-center\"><strong>OSHA delays enforcement of anti-retaliation provisions of injury<br \/>\nand illness tracking rule until December 1<\/strong><\/h2>\n<p class=\"text-center\">October 12, 2016<br \/>\nContact: Office of Communications<br \/>\nPhone: 202-693-1999<\/p>\n<p>The Occupational Safety and Health Administration has agreed to further delay enforcement of the anti-retaliation provisions in its <a title=\"Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses\" href=\"https:\/\/www.osha.gov\/recordkeeping\/finalrule\/index.html\">injury and illness tracking rule<\/a> until Dec. 1, 2016. The U.S. District Court for the Northern District of Texas requested the delay to allow additional time to consider a motion challenging the new provisions.<\/p>\n<p>The anti-retaliation provisions were originally scheduled to begin Aug. 10, 2016, but were previously delayed until Nov. 10 to allow time for outreach to the regulated community.<\/p>\n<p>Under the rule, employers are required to inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and incorporate the existing statutory prohibition on retaliating against workers for reporting injuries and illnesses.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA&#8217;s role is to ensure these conditions for America&#8217;s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit <a title=\"Occupational Safety and Health Administration - Home\" href=\"https:\/\/www.osha.gov\/index.html\">www.osha.gov<\/a>.<\/p>\n<p>&nbsp;<\/p>\n<hr \/>\n<h2 class=\"text-center\"><strong>OSHA schedules meeting of Advisory Committee on Construction<br \/>\nSafety and Health; requests nominations for membership<\/strong><\/h2>\n<p>October 24, 2016<br \/>\nContact: Office of Communications<br \/>\nPhone: 202-693-1999<\/p>\n<p>The Occupational Safety and Health Administration will hold a meeting of the Advisory Committee on Construction Safety and Health Nov. 30 &#8211; Dec. 1, 2016, in Washington, D.C.<\/p>\n<p>The agenda includes remarks from Dr. David Michaels, assistant secretary of labor for occupational safety and health; updates from the Directorate of Construction; clarification of requirements in the crane standard; updates from the National Institute for Occupational Safety and Health and OSHA Directorate of Technical Support and Emergency Management; updates on the National Safety Stand-Down; and public comment period.<\/p>\n<p>The meeting will be held 1- 5 p.m. ET, November 30 and 9 a.m. &#8211; 5 p.m. ET, December 1 in Room N-3437 A-C at the U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. The meetings are open to the public. Comments and requests to speak may be submitted electronically at <a title=\"Regulations.gov - Home\" href=\"https:\/\/www.regulations.gov\/\">www.regulations.gov<\/a>, the Federal e-Rulemaking Portal, by mail or facsimile. See the <a title=\"Advisory Committee on Construction Safety and Health (ACCSH)\" href=\"https:\/\/www.osha.gov\/pls\/oshaweb\/owadisp.show_document?p_table=FEDERAL_REGISTER&amp;p_id=27515\">Federal Register notice<\/a> for details. Comments, requests to speak and requests for special accommodations must be submitted by Nov. 11, 2016.<\/p>\n<p>Additionally, OSHA is accepting nominations for eight new members to serve on the 15-member committee. Nominations will be accepted from those interested in representing employee (3), employer (3), public (1) and state safety and health agency (1) groups. Nominations may be submitted at <a title=\"Regulations.gov - Home\" href=\"https:\/\/www.regulations.gov\/\">www.regulations.gov<\/a>, the Federal eRulemaking Portal. Submissions may also be sent by mail or facsimile. See the <a title=\"Advisory Committee on Construction Safety and Health (ACCSH)\" href=\"https:\/\/www.osha.gov\/pls\/oshaweb\/owadisp.show_document?p_table=FEDERAL_REGISTER&amp;p_id=27515\">Federal Register notice<\/a> for details. The deadline for submissions is Jan. 27, 2017.<\/p>\n<p><a title=\"Advisory Committee on Construction Safety and Health (ACCSH)\" href=\"https:\/\/www.osha.gov\/doc\/accsh\/index.html\">ACCSH<\/a>, established under the Contract Work Hours and Safety Standards Act and the Occupational Safety and Health Act of 1970, advises the secretary of labor and assistant secretary of labor for occupational safety and health on construction standards and policy matters.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA&#8217;s role is to ensure these conditions for America&#8217;s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit <a title=\"Occupational Safety and Health Administration - Home\" href=\"https:\/\/www.osha.gov\/index.html\">www.osha.gov<\/a>.<\/p>\n<p>&nbsp;<\/p>\n<hr \/>\n<h2 class=\"text-center\"><strong>OSHA releases updated recommended practices to encourage workplace safety and health programs<br \/>\n<\/strong><\/h2>\n<p class=\"text-center\">October 18, 2016<br \/>\nContact: Office of Communications<br \/>\nPhone: 202-693-1999<strong><br \/>\n<\/strong><\/p>\n<p>The Occupational Safety and Health Administration today released a set of <a title=\"Recommended Practices for Safety and Health Programs - A safe workplace is sound business\" href=\"https:\/\/www.osha.gov\/shpguidelines\/index.html\">Recommended Practices for Safety and Health Programs<\/a> to help employers establish a methodical approach to improving safety and health in their workplaces.<\/p>\n<p>The recommendations update OSHA&#8217;s 1989 guidelines to reflect changes in the economy, workplaces, and evolving safety and health issues. The recommendations feature a new, easier-to-use format and should be particularly helpful to small- and medium-sized businesses. Also new is a section on multi-employer workplaces and a greater emphasis on continuous improvement. Supporting tools and resources are included.<\/p>\n<p>The programs are not prescriptive; they are built around a core set of business processes that can be implemented to suit a particular workplace in any industry. OSHA has seen them successfully implemented in manufacturing, construction, health care, technology, retail, services, higher education, and government.<\/p>\n<p>Key principles include: leadership from the top to send a message that safety and health is critical to the business operations; worker participation in finding solutions; and a systematic approach to find and fix hazards.<\/p>\n<p>&#8220;Since OSHA&#8217;s original guidelines were published more than 25 years ago, employers and employees have gained a lot of experience in how to use safety and health programs to systematically prevent injuries and illnesses in the workplace,&#8221; said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. &#8220;We know that working together to implement these programs will help prevent injuries and illnesses, and also make businesses more sustainable.&#8221;<\/p>\n<p>The OSHA recommendations include seven core elements for a safety and health program: management leadership; worker participation; hazard identification and assessment; hazard prevention and control; education and training; program evaluation and improvement; and communication and coordination for host employers, contractors and staffing agencies.<\/p>\n<p>Dr. Michaels released the new document today at the National Safety Council Congress in Anaheim, Calif. In his remarks, he asked business groups and safety and health professionals to help spread the word through a <a title=\"Campaign for Safety &amp; Health Programs\" href=\"https:\/\/www.osha.gov\/shpcampaign\/index.html\">campaign<\/a> that encourages creation of a safety and health program using OSHA or other program recommendations that may be more appropriate to their businesses.<\/p>\n<p>The recommendations are advisory only and do not create any new legal obligations or alter existing obligations created by OSHA standards or regulations.<\/p>\n<p>Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA&#8217;s role is to ensure these conditions for America&#8217;s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit <a title=\"Occupational Safety and Health Administration Homepage\" href=\"https:\/\/www.osha.gov\/index.html\">www.osha.gov<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>For the latest information on COVID-19, visit our COVID-19 Resources web page. December 2021: Update from NIA Legal Counsel December 20, 2021\u2014Update: Sixth Circuit Lifts Stay of OSHA Covid-19 Emergency Temporary Standard Enforcement of OSHA\u2019s Covid-19 emergency temporary standard (\u201cETS\u201d), requiring all employers with 100 or more employees to implement a vaccine or testing policy,<\/p>\n","protected":false},"author":9,"featured_media":0,"parent":11,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.6 (Yoast SEO v22.6) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Safety News - NIA<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/insulation.org\/membership\/osha-safety-news\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Safety News\" \/>\n<meta property=\"og:description\" content=\"For the latest information on COVID-19, visit our COVID-19 Resources web page. 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