OSHA Archives - Lamson Dugan & Murray LLP

31 Jul, 2023

Preparing for OSHA’s Proposed Changes to PPE Rules

Craig Martin2023-07-31T08:10:50-05:00July 31st, 2023|Construction Contractor Advisor, OSHA, PPE|

Earlier this month, OSHA announced that it is seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to make clear that PPE must fit each employee properly. OSHA’s proposed revision to the standard would align the PPE standard for construction with that of general industry and maritime standards, which already require that PPE properly fit workers. OSHA’s Proposed Changes Unlike OSHA’s General Industry PPE standards, [...]

20 Dec, 2021

OSHA’s Vaccine Rule—Reinstated

Craig Martin2021-12-20T09:12:55-06:00December 20th, 2021|Construction Contractor Advisor, COVID Employment, COVID-19, OSHA|

The tug-of-war on vaccination continues. On December 17, 2021, a federal appellate court lifted the stay on OSHA’s emergency temporary standard requiring employers with 100 or more employees to ensure employees are vaccinated or are testing regularly. The appellate court’s decision was immediately appealed to the U.S. Supreme Court. What does this mean for employers? OSHA’s emergency temporary standard (ETS) requiring vaccinate or testing and masking is now in place, [...]

16 Jun, 2021

How Should You Respond to An Accident on the Jobsite?

Craig Martin2021-06-12T09:43:38-05:00June 16th, 2021|Accident Investigation, Construction Contractor Advisor, OSHA|

If you have ever experienced a serious accident on the jobsite, you know it can be an incredibly stressful experience. Having a plan in place setting forth how you expect employees to respond will help your company respond competently and quickly to an accident. Here are a few things to consider for your plan: Prepare a checklist of how you want employees to respond to an accident, including: Who should [...]

3 Feb, 2021

President Biden Orders OSHA to Issue New COVID-19 Guidance

Craig Martin2021-01-30T09:38:10-06:00February 3rd, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, OSHA|

President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure. The Executive Order does not create immediate changes, but calls for quick action by OSHA to update its guidance. The Executive Order requires OSHA to: issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic; consider whether any emergency temporary standards on [...]

18 Nov, 2020

Workplace Safety–the Unpreventable Employee Misconduct Defense

Craig Martin2020-11-14T10:08:22-06:00November 18th, 2020|Construction Contractor Advisor, OSHA|

Just because an employee gets hurt on the job does not mean you are facing an OSHA penalty. Employers have a defense to an OSHA citation when the violation of a safety rule was due to unpreventable employee misconduct. However, proving this defense requires substantial planning, well before an incident or investigation. Unpreventable Employee Misconduct Defense OSHA requires that an employer do everything reasonably within its power to ensure that [...]

29 Jul, 2020

OSHA—More COVID Updates

Craig Martin2020-07-25T09:33:24-05:00July 29th, 2020|Construction Contractor Advisor, COVID-19, OSHA|

OSHA has issued new Frequently Asked Questions addressing when an employer must report work-related cases of COVID-19. Unfortunately, the FAQs seem contrary to the 24-hour hospitalization rule. As you likely know, section 1904.39(b)(6) requires employers to report an inpatient hospitalization only if the hospital admission occurs within 24 hours of a work-related incident. Applying this to COVID, if an employee is exposed at work and then goes to the hospital within [...]

6 May, 2020

OSHA Relaxes Compliance Obligations

Craig Martin2020-05-02T08:53:31-05:00May 6th, 2020|Construction Contractor Advisor, OSHA|

Recognizing the difficulties employers are facing during the ongoing pandemic, the Occupational Safety and Health Administration (“OSHA”) released an enforcement memo, entitled “Discretion in Enforcement when Considering an Employer’s Good Faith Efforts during the Coronavirus Disease 2019 (COVID-19) Pandemic.” This guidance relaxes enforcement for failures to provide annual training or conduct other routine audits due to COVID-19. In the memo, OSHA stated that during an inspection, Compliance Officers should evaluate [...]

17 Dec, 2019

OSHA Inspections Continue to Rise

Craig Martin2019-12-14T12:28:58-06:00December 17th, 2019|Construction Contractor Advisor, Nebraska Construction Law, OSHA|

Earlier this month, OSHA released its final statistics for 2019 and they show a significant increase in the number of inspections. But, OSHA also provided a record number of compliance training opportunities for employers. OSHA Inspections This past year, OSHA conducted 33,401 inspections addressing violations related to trenching, falls, chemical exposure, silica and other hazards. This is up nearly 1,400 from the previous year. OSHA Training OSHA also provided a [...]

12 Feb, 2014

OSHA Backing Off Grain Bin Inspections

Sean Minahan2018-04-23T18:22:21-05:00February 12th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

The fear of OSHA inspecting the storage facilities of small farming operations seems to have been quelled. In 2011 OSHA issued a memo which led some inspectors to believe they were authorized to inspect grain storage facilities on private farms. The memo led to the inspection of a private grain storage facility in Atkinson, Nebraska resulting in approximately $132,000 in fines. In December, 2013, U.S. Senator Mike Johanns (R-Neb.) drafted a [...]

18 May, 2012

Avoiding Heat-Related Illness. There’s an App for That.

Sean Minahan2018-04-23T18:22:23-05:00May 18th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

The month of May is upon us, bringing with it the beginning of summer's warm temperatures. Which means it is once again time to remind outdoor workers about heat-related illness. Heat is more deadly in the U.S. than earthquakes, hurricanes, and tornadoes combined[1]. Between 1992 and 2006, heat caused the deaths of 423 crop workers[2]. Prevention is key to avoiding heat-related illness. For starters, drink plenty of water and take [...]

3 Apr, 2012

OSHA Extends Residential Fall Protection Transition to September, 2012

Craig Martin2012-04-03T07:38:13-05:00April 3rd, 2012|OSHA|

As you may recall, OSHA issued a new compliance guideline for residential construction in December, 2010. This new guidelines required guard rail systems, safety net systems, or personal fall arrest systems for all workers engaged in residential construction six feet or more above lower levels. Not surprisingly, the new guideline created significant controversy among many residential contractors and contractors/builders associations. Shortly after this announcement, OSHA issued a phase-in period, in [...]

17 Nov, 2011

OSHA is Still Slapping Companies with Big Fines

Craig Martin2011-11-17T15:05:07-06:00November 17th, 2011|Nebraska Construction, OSHA, Penalty|

Last month, OSHA visited America’s Fiberglass Animals in Minden for a follow-up visit. To put it lightly, the follow-up visit did not go well. OSHA slapped America’s Fiberglass Animals with nearly $170,000.00 in penalties. This hefty penalty certainly makes me wonder how you are doing in your OSHA compliance. Here is a breakdown of the penalties. They fell into three categories: • $63,000.00 related to fines for failure to abate [...]

6 Jul, 2011

If you didn’t think OSHA regulations were a big deal . . .

Craig Martin2011-07-06T11:48:00-05:00July 6th, 2011|OSHA, Penalty|

For those of you who have been following the Robert Knapp/Equitable Building saga in Des Moines, it appears to have finally come to an end. By way of background, Mr. Knapp was accused of violating the Clean Air Act and a number of OSHA regulations when he had employees remove asbestos without wearing appropriate protective equipment. Mr. Knapp agreed to pay of $500,000.00 fine for regulatory violations. Mr. Knapp also [...]

11 May, 2011

OSHA Holds True on its Promise to Increase Penalties

Craig Martin2011-05-11T13:43:57-05:00May 11th, 2011|Construction Law, OSHA, Penalty|

I’m sure you all recall OSHA’s big press release last year when it announced revisions to its penalty framework to increase penalties. Well, OSHA is now using the revised framework and the penalties are stiff. A review of OSHA penalties in Region 7, covering Iowa, Kansas, Missouri, and Nebraska, shows significant penalties. A stucco company in Kansas was fined $147,000 for two repeat and one serious violation where employees [...]