Category: Enforcement and Inspection

As today’s workplace becomes more complex, regulation of that workplace increases. In this section, you’ll find the practical advice you need to understand exactly what OSHA, other federal agencies, and their state counterparts, require of you, and to comply in the ways that best satisfy both your and their needs. Look also for important court decisions, advice on how to handle enforcement actions, and news of upcoming changes in workplace health and safety law.

Free Special Report: What to Expect from an OSHA Inspection

Do You Have a Warrant? The Pros and Cons of Asking

Under the U.S. Supreme Court decision in Marshall v. Barlow’s, Inc., employers have a constitutional right to demand that OSHA obtain a warrant before initiating an inspection. Such a warrant must be based on probable cause—that is, a reasonable basis for the selection of the facility. If OSHA, when faced with a request, fails to […]

Are Your Workers Complaining to OSHA? It Could Get You Inspected

Today, many OSHA inspections are triggered by employee complaints. That’s just one of the reasons wise employers should respond promptly to employee concerns and, ideally, resolve them so that a worker doesn’t need to go to OSHA for redress. Here’s how OSHA responds when an employee complains and what conditions can trigger an inspection. Complaint […]

What Are You Doing Here? OSHA’s Inspection Triggers

It could happen at any minute. An OSHA compliance officer arrives for a visit and your program and people are under the microscope. Are your written programs in order? Do your employees’ practices reflect the training you work so hard to provide? Was the complaint, injury, or statistic that brought the officer in the door […]

“Free from Recognized Hazards”: Understanding the General Duty Clause

One section of the OSH Act that seems to bewilder employers and employees alike is Section 5, known as the General Duty Clause (GDC). It’s very brief, but it has considerable significance among OSHA’s means of enforcing compliance—and, for that matter, can be useful to employees seeking relief from what they consider unsafe work. The […]

OSHA’s Severe Violator Enforcement Program: A Cautionary Tale from the Furniture Industry

Ashley Furniture Industries, Inc., has a long history with federal OSHA. Between 1982 and the first half of 2014, the furniture manufacturer had been inspected by federal OSHA 33 times and by state OSHA agencies an additional 23 times. In its 33 previous federal inspections, OSHA cited the employer for 96 serious, 4 repeat, and […]

Repeat and Willful Violations: A Cautionary Tale from the Furniture Industry

In early February, the Occupational Safety and Health Administration (OSHA) slapped Ashley Furniture Industries with nearly $1.8 million in proposed fines for repeat and willful violations. The furniture manufacturer stands accused of exposing workers to amputation hazards, electrical violations, training deficiencies, and other violations at its Arcadia, Wisconsin, manufacturing facility that led to more than […]

Record Settlement Will Pump Billions into Cleanup Activities

Record Settlement Will Pump Billions into Cleanup Activities January 20, 2015, marked the last day for any appeals in the historic settlement with a Woodlands, Texas, energy company to address deadly uranium and other wastes.  However, because no appeals were submitted, the $5.5 billion in payments are now secure. In the announcement, the EPA noted […]

A Look at Common Ski Area SPCC Violations

A Look at Common Ski Area SPCC Violations Having an SPCC Plan that was not fully implemented. 40 CFR Section 112.3,  states, “The owner or operator or an onshore or offshore facility subject to this section must prepare in writing and implement a Spill Prevention, Control, and Countermeasure Plan … in accordance with 112.7 [General […]

Multiple Ski Areas Learn SPCC Compliance Lesson

Multiple Ski Areas Learn SPCC Compliance Lesson Over the past few years, the U.S. Environmental Protection Agency (EPA) has reached settlements with a number of ski areas in New England communities throughout Maine, New Hampshire, and Vermont. According to the EPA, the settlements “were reached under an expedited settlement program whereby EPA agreed to resolve […]