Miner Safety and Health Act

There is a bill currently working its way through the U.S. House of Representatives that if approved, could directly impact your business.  It is H.R. 5663 (Miner Safety and Health Act).  Although the bill’s main focus would seem to be mine safety, Title VII of the bill includes some significant OSHA changes.  Some of the key changes include:

An ambiguous violation criterion coupled with higher penalties – A contractor who is found to be knowingly in violation may be subject to 5 years in prison and/or fined $1,000,000 for their first violation.  A second violation can lead to 10 years in prison and/or a fine of $2,000,000.  Plus, many violations that would have been considered misdemeanors in the past will now be considered felonies, opening the door for the U.S. Attorney General’s Office to consider legal action.  Problem: The definition of “knowingly” is unclear and would likely lead to an increase in litigation and further strain on both the court system and the contractors with protracted legal battles.

Immediate operations shut downs­ – An OSHA inspector would have the authority to immediately mandate workplace changes without providing contractors a hearing or judicial review.  These changes could be substantial or in some cases may even be a complete job shutdown.  A contractor who fails to comply, even if they contest the finding, would be subject to a $7,000 a day fine.  Problem: In many cases, the OSHA inspector is not an industry expert and the cited violation and/or mandated remedy may not be proper. Shutdowns and changes can cost a contractor significant amounts of money, even if they are only for a few days.

 

source: consturction exchange

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OSHA Announces Effort to Bring Regulations Up to Date

OSHA has issued a proposed rule to revise and remove requirements that are outdated, duplicative, or inconsistent. Known as Standards Improvement Project (SIP) III, the rulemaking will help keep OSHA standards current and will help employers better understand their regulatory duties, the agency believes.

For example, SIP III will update the definition of potable water in the sanitation standard, syncing it to the current EPA clean water standard. OSHA is also proposing to remove an outdated provision in the bloodborne pathogens rule requiring employers to provide hand dryers that use warm air. This will allow use of newer technologies that use room-temperature air.

source: osha.gov

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OSHA Cites/Fines Pharma Company, Alleges Willful And Serious Violations

 

OSHA has proposed a total of $357,300 in fines against UCB Manufacturing Inc. for alleged willful and serious violations at its Rochester, New York, pharmaceutical manufacturing plant. The citations chiefly concern the company’s failure to address hazards for workers whose duties involve exposure to methylene chloride, a potential carcinogen.

 

The agency’s inspection found that some Rochester UCB employees were exposed to excess levels of the chemical, and the employer did not have effective controls and work practices to reduce those exposure levels. In addition, UCB did not supply the workers with appropriate respirators and failed to provide all required monitoring, medical surveillance, and information about methylene chloride. These conditions resulted in six willful citations carrying $351,000 in proposed fines.

 

 

 

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Duties of an OSEA RSP™

• Maintains plant in safe condition and prepared for any OSHA audit
• Ensures compliance with MSDS inventory and updates
• Performs new hire safety orientation
• Performs audits, at least weekly, of departments, work areas and emergency exits.
• Provides training resource for all above and any new items identified during the year.