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Worker Deaths: Federal Preemption Rejected by California Court

In a case against a company the Orange County district attorney said was responsible for the deaths of two employees, the Supreme Court of California found that the federal Occupational Safety and Health Act of 1970 (OSH Act) does not preempt workplace safety standards established by the state’s own occupational safety and health agency (Cal/OSHA).

EHSDA Song of the Week: Accidents Will Happen

Workplace accidents are unfortunate and all-too-common, and indeed, much of what we cover here at EHS Daily Advisor is about how to prevent accidents. The latest EHSDA Song of the Week comes from the great Elvis Costello and the Attractions, whose 1979 song “Accidents Will Happen” examines the damage done in relationships, but we’re going […]

Will RMP and PSM Revisions Create More Overlap?

EPA’s Chemical Accident Prevention Program, more commonly referred to as the Risk Management Program (RMP), and the Occupational Safety and Health Administration’s (OSHA) Process Safety Management (PSM) program will always go hand in hand, as both seek to prevent chemical process accidents and protect workers and the public from the sometimes devastating consequences of such […]

Healthy Solutions for What Ails Your Wellness Program, Part 2

Employers have a great deal of flexibility in designing wellness programs under the Affordable Care Act (ACA)—but there are also some pitfalls to avoid, and most of them involve laws that predate the ACA. Some employees who are subject to more stringent wellness program requirements designed by their employers under the ACA are suing—successfully—for discrimination […]

Core FIFRA Requirements Among Most Violated: Reporting

40 CFR Part 167.85 provides the most basic reporting information under FIFRA for pesticide producers. To begin, all establishments covered under FIFRA are required to first register as pesticide producers and then report on each pesticidal product, including pesticides, active ingredients of pesticidal products or devices produced. For newly registered establishments, the first report must […]

Just What Is OSHA and How Does it Work?

OSHA’s mission is to send every worker home whole and healthy every day. OSHA is a federal agency with 2,150 employees, including 1,100 inspectors, and an annual budget of nearly $500 million. Almost every working person in the nation, with a few exceptions, comes under OSHA’s jurisdiction. To protect all these workers, OSHA creates and […]

Coercion of Commercial Drivers Prohibited

The Federal Motor Carrier Safety Administration (FMCSA) issued a final rule prohibiting employers from forcing drivers to operate commercial motor vehicles (CMVs) in violation of Federal Motor Carrier Safety Regulations. The rule includes reporting procedures for drivers who feel they are being coerced to break the law. Today we will focus on certain aspects of […]