Lexington Legal Blog

MSHA workplace examination final rule delayed until October

The Mine Safety and Health Administration (MSHA) announced a delay to their final rule on examining safety conditions of metal and nonmetal mines.

The final rule was initially published last January and was scheduled to go into effect on May 23, 2017. In March, the agency announced that they were delaying implementation until July 24, 2017. That date has once again been pushed back. Now, the rule is currently scheduled to go into effect on October 2, 2017.

OSHA PENALTIES TO SHARPLY INCREASE

John M. Williams (williams@rwktlaw.com)

Penalties assessed by the Occupational Safety and Health Administration for workplace safety violations will increase sharply in the next few weeks. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires federal agencies to annually adjust their penalty assessments to reflect inflation under a new formulation designed to be simpler and more straightforward than the method currently used. The summer of 2016 has been designated as a "catch up" period during which the agencies are to adjust penalties to catch up with inflation since the last adjustment. This adjustment is based on the difference between the Consumer Price Index in October 2015 and the Consumer Price Index in October of the year in which the agency last adjusted its penalties. OSHA's maximum penalties have not been increased since 1990; thus, OSHA penalties will significantly increase under the new rule. The interim final rule was published on July 1, 2016.

OSHA CITES ROOFING AND CONSTRUCTION COMPANIES FOR FALL HAZARDS

Noelle Holladay True (true@rwktlaw.com)

On April 18, 2016, the Occupational Safety and Health Administration ("OSHA") issued multiple citations to Premier Roofing Company LLC (the controlling employer) and Walter Construction LTD (the subcontractor) alleging various violations related to fall hazards.  On December 21, 2015, OSHA investigated a complaint in Denver, Colorado about employees who were exposed to fall hazards as they were installing shingles on a three-story building.  Two days later, investigators returned to the site and found workers exposed to the same fall hazards.

2016 NATIONAL FALL PREVENTION STAND-DOWN

The Occupational Safety and Health Administration's 3rd annual National Fall Prevention Stand-Down is May 2 - 6, 2016. This event raises awareness in the construction industry of preventing fall hazards. Data from the Bureau of Labor Statistics shows that 337 of the 874 construction-related fatal accidents in 2014 were the result of falls, making them the leading cause of work-related death in construction.

MSHA HAS JURISDICTION OVER GARAGE - A MILE AWAY FROM QUARRY

Noelle Holladay True (true@rwktlaw.com)

In a recent decision under the Mine Act, an Administrative Law Judge extended jurisdiction to the Mine Safety and Health Administration ("MSHA") over a garage used for equipment storage and repairs that is located a mile away from Brdaric Excavating Inc.'s Buck Mountain Quarry in Luzerne, Pennsylvania.  MSHA was initially denied entry by the owner, but later conducted an inspection of the garage and issued six citations.  The operator contested MSHA's jurisdiction over the garage, but did not deny the violations.

OSHA ANNOUNCES FINAL RULE ON SILICA DUST

John M. Williams (williams@rwktlaw.com)

The Occupational Safety and Health Administration has announced its final rule on respirable silica aimed at protecting American workers from harmful exposure to silica. Crystalline silica has been linked to lung cancer, chronic obstructive pulmonary disease and other serious health issues.

OSHA FINES PILGRIM'S PRIDE AFTER ACCIDENT IN ALABAMA

Noelle Holladay True (true@rwktlaw.com)

The U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") has issued citations to Pilgrim's Pride Corp. following the agency's investigation of a workplace accident that occurred at an Alabama poultry plant in September 2015.  The accident occurred when  a machine operator was attempting to reassemble a  chicken-part separating machine when it started unexpectedly, amputating part of his finger.

OSHA CITES HOME BUILDERS ALMOST $145,000

John M. Williams (williams@rwktlaw.com)

Under a Regional Emphasis Program (REP) issued by the Occupational Health and Safety Administration (OSHA) Region IV, OSHA inspectors are emphasizing fall protection in the construction industry. In a recent example of the REP's effects, OSHA cited four contractors in a Florida subdivision for failing to provide adequate fall protection to employees. These Jacksonville contractors were cited for a total of $144,800 in proposed penalties.

Email Us For A Response

Schedule Your Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

3151 Beaumont Centre Circle
Suite 375
Lexington, KY 40513

Phone: 859-245-1059
Fax: 859-245-1231
Map & Directions