OSHA Releases New National Emphasis Program on Fall Hazards

On May 1, 2023, OSHA announced a new national emphasis program (NEP) that focuses enforcement efforts on fall-related hazards. The announcement strategically coincided with the start of the tenth annual National Safety Stand-Down to Prevent Falls in Construction, which concluded on May 5, 2023. The NEP took effect immediately, and has no apparent expiration date.

Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties

Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region 4—covering Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee—may find the trends and, in some cases, surprises, among OSHA’s inspections, citations, and penalties data useful in planning and implementing their workplace safety programs.

Ogletree Deakins OSHA Tracker City Feature: Seattle, Las Vegas Had Most OSHA Inspections

In December 2022, Ogletree Deakins launched its OSHA Tracker based on analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s. Now, in addition to featuring individual state data and OSHA regional information, the OSHA Tracker has been enhanced with city information.

Ogletree Deakins’ New OSHA Tracker: Data Related to California, Texas, and Florida

Ogletree Deakins’ recently released OSHA Tracker tool allows employers to search and filter Occupational Safety and Health Administration (OSHA) data to identify emerging issues and OSHA enforcement trends. This interactive tool compiles comprehensive OSHA inspection, citation, and penalty data and allows employers to create custom searches and filter by OSHA region, state, industry, or date.

NLRB Proposes Rescission of Recently Issued Rules on Elections

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols, including holding the processing of an election petition in abeyance if a union files an unfair labor practice (ULP) charge—often referred to as a “blocking charge”—alleging an employer’s interference with the election process.

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that agency instruction is to provide “clarification on proper procedures when conducting interviews for enforcement investigations under Section 29(1) of the Michigan Occupational Safety and Health Act.”

OFCCP Launching Another Online Portal, This Time for Construction Contractors

On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby “contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as a state [Department of Transportation])” can securely upload details about an awarded federal or federally-assisted construction contract or subcontract.

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is extending the comment period on a proposed rule to revoke the state’s approval for another 60 days and postponed a public hearing tentatively scheduled for August 16, 2022.

Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan

On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the Occupational Safety and Health Act of 1970. In its notice, OSHA proposed revoking its affirmative determination granting final approval to Arizona’s state OSH plan, which, if implemented, would return Arizona’s plan to “initial approval” status resulting in discretionary concurrent enforcement jurisdiction between OSHA and the Arizona Division of Occupational Safety and Health (ADOSH).

Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors liable for any debt owed by a subcontractor—at any tier— relating to the wage claimant’s performance of labor for contracts entered into on or after July 1, 2022.

Governor Newsom Expected to Sign Bill Creating New Labor Code Violations, Expanding Cal/OSHA Subpoena Powers

The California Legislature will soon send Senate Bill (SB) No. 606 to Governor Gavin Newsom, who is likely to sign the bill into law. The bill would make substantial changes to the California Division of Occupational Safety and Health’s (Cal/OSHA) citation structure by creating two new categories of violations: “enterprise-wide” and “egregious.” The bill would also provide Cal/OSHA with additional subpoena power during investigations.

OFCCP Publishes Fiscal Year 2021 Corporate Scheduling Announcement List for Construction Contractors

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published its Corporate Scheduling Announcement List (CSAL) identifying 400 construction federal contractors and federally assisted contractors and subcontractors for fiscal year 2021 (FY 2021), which runs from October 1, 2021, through September 30, 2022.

Cal/OSHA Updates Online Resources for California Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.

COVID-19 and Construction: Cal/OSHA Emergency Temporary Standards Address Issues for Industry Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.