Unions To Accompany OSHA Inspectors On Non Union Job Sites

IEC Strongly Opposes Rule Sanctioning Union Participation on OSHA Inspections

On February 21, 2013, the Occupational Safety and Health Administration (OSHA) issued a letter of interpretation addressed to Mr. Steve Sallman of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) explicitly endorsing union representatives and other non-employee third parties to accompany OSHA inspectors on walk-around inspections at non-union workplaces. 

 

The Coalition for Workplace Safety believes the interpretation is inconsistent with the statute and regulations. This letter of interpretation is bad policy implemented through a non-transparent closed process. IEC joined 56 organizations to send a letter to OSHA communicating our displeasure that such a policy did not go through the normal rule-making process and was issued as a letter of interpretation. IEC will continue to monitor this situation closely. 

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OSHA News

OSHA Withdraws Proposed Interpretation Related to Occupational Noise

On January 19th OSHA announced that it is withdrawing a proposal to expand the official interpretation of the term "feasible" in relation to occupational noise exposure standards.This is a proposal that NJECPAC has been monitoring since its introduction

OSHA intended to reinterpret the word “feasible” to mean “capable of being done,” meaning that the agency would be able to cite a company for not implementing administrative controls unless the company can demonstrate that implementing such controls would put them out of business or threaten the viability of their business. 

In a Dec. 13 letter to Secretary of Labor Hilda Solis, Sens. Olympia Snowe (R-Maine) and Joseph Lieberman (I-Conn.), co-chairs of the Senate Task Force on Manufacturing, expressed concerns that the expanded interpretation would force businesses into making expensive changes that would inhibit job creation. Snowe and Lieberman asked that OSHA consider alternative interpretations and unintended consequences of the proposal in addition to noting the lack of data to back up the proposed change. Read More

OSHA Reform Bill Not Sent to Floor for Vote

Due to the efforts of the small business community to educate Congress about the drastic effects the OSHA reform language included in the mine safety bill would have, House leadership has not sent the bill to the floor for a vote. The Legislation would have added severe criminal penaties for employer violations.

IEC and the Coalition for Workplace Safety (CWS) have continued their work must dispel the myth that employers only engage in workplace safety practices because the government forces them to do it.  IEC and CWS submitted letters citing our specific objections to H.R. 5663 prior to the House Education and Labor Committee hearing on July 13, 2010.  The CWS letter was signed onto by a broad array of employer groups, including groups representing nearly all fields in the construction industry, and all IEC Chapters. Read More  

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To view IEC’s letter click here and to view the Coalition letter click here.

OSHA Proposes Revising Standards On Noise in Construction

The Labor Department's Occupational Safety and Health Administration is considering revising its noise protection standards to require employers to use administrative or engineering controls rather than personal protective equipment to reduce noise exposures, according to a proposed interpretation scheduled for publication in the Oct. 19 Federal Register. 

“We plan to change our current noise standard enforcement policy, making it clear that ‘feasible' engineering controls means controls that are capable of being implemented,” David Michaels, assistant secretary of labor for occupational safety and health, wrote in an Oct. 15 letter to agency employees. “We think this will enable us to require more employers to reduce excessive workplace noise levels, preserving the hearing of many workers.”

Administrative controls may involve limiting how long an employee can work in an area with high noise levels; engineering controls would reduce the decibel level of a particular machine or power tool. Some employers are concerned that the proposed changes would impose unreasonable costs on their businesses.

Read More Here

OSHA on the prowl

Employers must be aware that the Occupational Safety and Health Administration ("OSHA") has been loudly broadcasting to everyone who will listen that it is stepping up its enforcement efforts. As the Assistant Secretary of Labor for OSHA, David Michaels, proudly announced in a recent speech, OSHA cited almost twice as many employers for egregious violations in the first quarter of 2010 than it had in all of the previous fiscal year.

Recent developments indicate that, if anything, Mr. Michaels understated the current trend at OSHA. Not only is OSHA more stringently enforcing its existing standards, it is also expanding its enforcement efforts under the general duty clause, and maximizing penalties for employers who are charged with safety violations.

OSHA has shifted their focus from OSHA Alliances to enforcement, It is unclear if the Alliance program will even be continued in the future.

Read More

OSHA Announces Proposed Revisions To Fall Protection Standards

The Occupational Safety and Health Administration (OSHA) announced proposed revisions to the rule governing fall protection standards in the Federal Register on May 24, 2010.

OSHA intends the revised rule to reduce the number of fall-related employee deaths and injuries by updating the rule to include new technology, such as personal fall protection systems.

According to OSHA, the revised rule “reorganizes the rule in a clearer, more logical, manner and provides greater compliance flexibility.” OSHA also drafted the rule in simpler language in order to make it easier to understand.

Read More

To View the Proposed Rule Click Here

BUILDING INSPECTORS TO LOOK FOR OSHA VIOLATIONS

The Occupational Safety and Health Administration (OSHA) announced a new pilot program that will train building inspectors in 11 major cities across the country to look for safety violations on construction jobsites.

Secretary of Labor Hilda Solis sent letters to the mayors of the targeted cities proposing a partnership. If the mayors accept, building inspectors in those cities will be encouraged to look for safety violations on the worksites they are inspecting and then notify OSHA. Once notified, OSHA would send one of its own inspectors to the site.

OSHA is targeting at least one city in each of its 10 regions. The targeted cities are: Austin, Texas; Boise, Idaho; Cincinnati, Ohio; Concord, N.H; Greenwood Village, Colo.; Madison, Miss.; Atlanta, Ga.; Newark, N.J.; Oakland, Calif.; Washington, D.C.; and Wichita, Kan.

For more information on the pilot program, visit the OSHA website.