DOL changes up its online enforcement database for easier, more open access

Today's post comes from G.Neil's HR News Weekly:

The U.S. Department of Labor (DOL) recently unveiled enhancements to its online enforcement database … all designed to improve public access and increase awareness of the department's enforcement activities.

Among the new features are a U.S. map with markers summarizing OSHA inspection and violation data for specific companies, as well as the ability to view individual inspection records and a company's enforcement history. The updated site also allows users to perform keyword searches; filter data by year, violations or penalties; and export search results into downloadable formats.

"These improvements to our online enforcement database are part of our commitment to open, transparent enforcement," said Secretary of Labor Hilda L. Solis. "By making this information available and easy to use, we're helping to ensure a level playing field for employers who follow the law."

See for yourself! Visit the updated site here .

DOL changes up its online enforcement database for easier, more open access

OSHA moves to update recordkeeping and reporting requirements for low-risk industries

Today's post comes from G.Neil's HR News Weekly:

A recent proposal by the Occupational Safety and Health Administration (OSHA) would exclude certain low-risk industries from injury and illness recordkeeping and reporting requirements. In consideration of the proposal, OSHA is seeking input on questions such as:

=> Which industry sectors, if any, should be ineligible for partial exemption?
=> Should OSHA consider numbers of workers injured or made ill in each industry in addition to industry injury/illness rates in determining eligibility for partial exemption?
=> Should OSHA regularly update the list of lower-hazard exempted industries? If so, how frequently should the list be updated?

In addition to considering a list of "lower-hazard" industries eligible for partial exemption, OSHA is proposing that employers report all work-related fatalities and in-patient hospitalizations within eight hours (and amputations within 24 hours). Currently, employers only have to report these incidents if they involve three or more employees. 

OSHA is accepting comments and feedback on the proposed changes through September 20, 2011.

The ComplyRight™ OSHA Recordkeeping System not only takes the guesswork out of the latest regulations, but it also makes it easy to complete the mandatory OSHA forms and post OSHA safety information - in full compliance with the law.

OSHA moves to update recordkeeping and reporting requirements for low-risk industries

OSHA to focus on forklift hazards in four states

Today's post comes from G.Neil's HR News Weekly:

Under a new regional inspection program, the Occupational Safety and Health Administration (OSHA) hopes to reduce fatalities and serious injuries caused by forklifts and powered industrial trucks. The program will focus primarily on employer compliance in warehouses and service companies in the states of Alabama, Georgia, Florida and Mississippi. (If a company is the subject of a complaint inspection or site-specific targeting inspection, however, it will be checked for forklift violations, too).

Inspections will cover:

•    Operator training – Employees should be trained for the specific vehicle they’re operating (and each vehicle they operate), and re-evaluated every three years, per OSHA standards. OSHA investigators will observe actual forklift operations and interview employees to determine compliance with operating, traveling and loading requirements.

•    Maintenance and repair – Forklifts and powered industrial trucks should have the appropriate load plates and fully operational safety equipment. Investigators will review the shift pre-operation inspection checklist, as well as the company’s procedures for correcting equipment defects and problems.

•    Clear pathways – Just as important as proper training and the condition of the vehicles themselves are the pathways the forklifts travel. Investigators will look for clearly visible pathways, which are necessary to reduce “struck by” hazards.

Check out our Forklift Training Compliance Bundle for all the tools you need to ensure compliance – a 2-disc forklift safety training program, a forklift safety poster, a forklift operator’s daily checklist and a forklift operator evaluation form.

OSHA to focus on forklift hazards in four states

OSHA to set its "sights" on high-risk, non-construction worksites

OSHA recently narrowed down the high-hazard manufacturing, non-manufacturing and nursing home sites it plans to inspect under its 2010 Site-Specific Targeting (SST) program. Designed to direct the agency’s enforcement efforts to riskier workplaces, the SST program is OSHA’s primary inspection plan for non-construction sites with 40 or more workers.

The plan relies on OSHA’s 2009 Data Initiative survey, which collects injury and illness data from 80,000 private sector establishments in high-hazard industries in the previous year. The 4,100 workplaces selected for inspection were among 15,000 employers who received warning letters from OSHA in March, informing them they had twice the number of injuries and illnesses resulting in days away from work, restricted work activities or job transfers.

“Our goal is to prevent worker injuries and illnesses and save lives,” said Assistant Secretary of Labor for OSHA David Michaels. “The Site-Specific Targeting program helps OSHA focus its enforcement resources to high-risk employers who are endangering their workers' health and safety.” osha.gov

Even if your business wasn’t targeted for inspection, you should strive to meet all OSHA safety standards, prevent accidents, and properly document injuries and illnesses. The right OSHA recordkeeping forms and tools can help you maintain a safe, OSHA-compliant workplace.

OSHA to set its "sights" on high-risk, non-construction worksites

Employers can expect a spike in OSHA penalties under new policy

As part of a longer-term enforcement plan, the Occupational Safety and Health Administration (OSHA) is moving forward with a new, stricter administrative penalty policy that became effective October 1, 2010. Many experts felt that OSHA’s penalties, which have been around since the early 1970s, were too low to act as a deterrent. A handful of penalty adjustments will have a much wider, harder-hitting effect on employers.

Under the new policy, the time period for reviewing an employer’s past history of OSHA violations – to determine a “repeat” violation and any penalty increases or reductions – will expand from three to five years. An employer who has been cited by OSHA for a high-gravity, serious, willful, repeat or failure-to-abate violation within the last five years will receive a 10% penalty increase, up to the statutory maximum. (At the same time, any employer who has been inspected in the last five years and has none of these violations will receive a 10% penalty reduction.)

Among the other adjustments with the new policy:

• High-gravity, serious violations under OSHA’s Severe Violators Enforcement Program (SVEP) don’t have to be grouped but, rather, can be cited as separate violations with their own penalties

• OSHA officers can consider the gravity of serious violations (the severity and probability of an injury/illness resulting from a hazard) to issue penalties ranging from $3,000 to $7,000

• Employers with 251 or more employees will not receive any penalty reduction for employer size

• Good-faith procedures will continue, where employers can earn a reduction if they have a solid safety and health program in place, and are clear of any high-gravity, serious, willful, repeat or failure-to-abate violations

• Also retained is the 15% “quick fix” reduction for employers who immediately address any hazards identified in an inspection

• The minimum proposed penalty for a serious violation will increase to $500, and the minimum penalty for a posting violation will increase to $250 (if OSHA previously provided the company a poster)

In light of OSHA’s new penalty policy, you should carefully audit your safety and health program, remove all workplace hazards, enhance your safety practices, and properly document accidents and injuries. Check out our OSHA recordkeeping forms and tools for clear direction and easier compliance.

Employers can expect a spike in OSHA penalties under new policy

Federal agencies to bump up enforcement in 2010

Last year a number of federal agencies increased their compliance enforcement efforts, including the Department of Labor (DOL), Internal Revenue Service (IRS), Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA) and Department of Homeland Security (DHS). Recent actions by these agencies suggest that this trend will continue in 2010:

• Designed to raise employee awareness of their rights under the Fair Labor Standards Act (FLSA), the recently launched, DOL-sponsored We Can Help campaign will undoubtedly increase the number of employee wage and hour complaints to the agency. The campaign is actively targeting the country’s lowest-paid workers, regardless of citizenship status, and encourages them to submit information, including pay stubs and hours of work, via the agency’s website. In addition, the DOL received a significant uptick in funding for 2010, and is requesting more in its proposed 2011 budget.

• Immigration enforcement is a priority for the Obama administration, and the DHS is following through with plans to conduct 25,000 on-site inspections at companies who employ workers with H-1B visas – an increase of nearly 20,000 over the previous year.

• Secretary of Labor Hilda Solis has promised more OSHA inspections, and employers can expect to see a shift to a more aggressive, citation-based approach from OSHA. Last year, between July and September, OSHA performed nearly 700 inspections and issued over 1,000 violations that resulted in $1.6 million in fines.

Enforcement efforts like the We Can Help campaign and others underscore the importance of maintaining strict compliance with federal regulations, including those covering labor, safety, tax, immigration and employment law. Stay tuned for more updates as they come.

Federal agencies to bump up enforcement in 2010

OSHA issues a new program to prevent chemical-related workplace hazards ... more safety inspections to follow

Effective July 8, 2010, a new directive by OSHA will assist enforcement personnel in carrying out a National Emphasis Program to eliminate workplace accidents associated with the catastrophic release of highly hazardous chemicals. The PSM Covered Chemical Facilities National Emphasis Program will include programmed inspections in three regions:

• Region I – Vermont, Maine, Massachusetts, Connecticut and Rhode Island
• Region VII – Nebraska, Kansas, Iowa and Missouri
• Region X – Alaska, Washington, Oregon and Idaho

Unprogrammed inspections will be conducted in seven other OSHA regions, as well.

(Basically, programmed inspections are based on “objective or neutral” criteria, while unprogrammed inspections are in response to “alleged hazardous working conditions that have been identified at a specific worksite.”)

The new directive will focus primarily on chemical processing facilities, refineries, and water and/or wastewater treatment facilities. More than 15,000 facilities nationwide could face inspections as a result.

Improve your safety practices and prepare for an OSHA inspection with the ComplyRight™ SolveIt Now™ Answers to All Your Questions: OSHA Compliance.

OSHA issues a new program to prevent chemical-related workplace hazards ... more safety inspections to follow