Audit, Compliance and Risk Blog

Protecting against workplace violence during COVID

Posted by Jon Elliott on Tue, Nov 17, 2020

During the COIVD-19 pandemic, there have been many reports of angry arguments between people who don’t want to wear masks or practice social distance and retail staff members trying to enforce local requirements. Some of these confrontations escalate to violence. The US Centers for Disease Control and Prevention (CDC) provide formal guidelines to retail businesses, offering ways for protecting workers by “Limiting Workplace Violence Associated with COVID-19 Prevention Policies in Retail and Services Businesses.” The remainder of this note describes CDC’s latest guidance. 

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Tags: Health & Safety, OSHA, Workplace violence, Coronavirus, CDC, Covid-19, CCOHS

Chemical Safety Board issues review of combustible dust hazards and management

Posted by Jon Elliott on Tue, Nov 10, 2020

The federal Chemical Safety and Hazard Investigation Board – which usually refers to itself as the Chemical Safety Board or CSB -- has issued guidance on the hazards of explosive and combustible dust. The report is intended to identify the key barriers to improvement in the control and mitigation of combustible dust hazards. The report was developed by a contractor to CSB, after a fatal 2017 dust explosion at the Didion Milling facility in Cambria, Wisconsin. In October 2018, CSB issued a “Call to Action” to gather comments on the management, control and understanding of combustible dust (which I wrote about HERE). The objective of this project was to make sense of comments submitted in response to the Call to Action. CSB ultimately received 57 responses, which its contractor reviewed and supplemented with additional research. 

 

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Tags: Health & Safety, OSHA, CSB, chemical safety, NFPA

Trump administration guidelines for easing enforcement

Posted by Jon Elliott on Tue, Oct 06, 2020

During 2020, the Trump Administration has seized on the economic disruptions from the COVID-19 pandemic as the latest of its many rationales for easing environmental regulations. In May, the President issued an executive order (EO) directing agencies to “support the economic response to the COVID–19 outbreak” (EO 13924 “Regulatory Relief To Support Economic Recovery”; I discussed it HERE). That EO included directions to the Office of Management and Budget (OMB) to receive reports from individual federal agencies about their regulatory and enforcement responses, and authorized OMB to issue guidance. On August 31, 2020, OMB issued a “Memorandum for the Deputy Secretaries of Executive Departments and Agencies – Implementation of Section 6 of Executive Order 13924” (Memorandum M-20-31; called “the Memo” below) offering this guidance. 

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Tags: Health & Safety, Coronavirus, Covid-19, OMB, Executive Order, Memorandum M-20-31, Economy, Administration Guidelines, EO 13924

OSHA revises and narrows beryllium standard

Posted by Jon Elliott on Wed, Aug 19, 2020

The US Occupational Safety and Health Administration (OSHA) regulates thousands of chemicals, through regulatory standards directing employers to reduce worker exposures. For a small number of especially hazardous chemicals, OSHA provides a detailed standard applicable to a single chemical—examples include asbestos, benzene, and lead. Another single-chemical standard covers beryllium (29 CFR 1910.1024), which OSHA has revised effective September 14, 2020. OSHA describes the revisions as meant “to clarify certain provisions and simplify or improve compliance … to maintain or enhance worker protections overall by ensuring that the rule is well understood and compliance is more straightforward.” The agency notes that none of the changes impose new costs on employers, and some will reduce compliance costs.

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Tags: Health & Safety, OSHA, chemical safety, Beryllium, Beryllium Standard

Virginia adopts first standard specifically requiring workplace protections against COVID

Posted by Jon Elliott on Wed, Jul 22, 2020

In recent months, worker protection and public health agencies have issued increasingly stringent and detailed guidelines for employers to follow to reduce worker exposures to COVID-19. I’ve written about a number of these, including HERE and HERE. Over the same months, many workplaces have also been affected by state and local government mandates designed to protect public health in places the public (at least previously) frequent – these include temporary closures of many types of organizations, and restrictions such as masks at others.

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Tags: Health & Safety, Coronavirus, CDC, Safety and Health at Work, Covid-19, VOSH, DOLI, PPE, Virginia

OSHA issues new post-COVID back-to-work guidance

Posted by Jon Elliott on Tue, Jun 30, 2020

On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) issued new guidance to assist businesses deemed “non-essential” during the COVID-19 pandemic as they reopen their workplaces. OSHA’s new “Guidance on Returning to Work” sets forth a number of basic principles that OSHA recommends guide employer actions, including specific examples. The document also reminds readers that responsibilities always apply under OSHA’s Employer’s General Duty Clause, references a number of existing OSHA standards that apply to re-opening activities and reopened workplaces, and identifies other sources of guidance and requirements.

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Tags: Health & Safety, OSHA, EEOC, Coronavirus, CDC, Covid-19, Back-to-Work

President Trump directs agencies to ease regulations to ease economic burdens of COVID-19

Posted by Jon Elliott on Wed, Jun 24, 2020

President Trump has issued the latest in a series of executive orders (EOs) to reduce and repeal formal federal regulations. This month’s EO directs federal agencies to do so in order to “support the economic response to the COVID–19 outbreak” (EO 13924 “Regulatory Relief To Support Economic Recovery”).

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Tags: Health & Safety, Coronavirus, Covid-19, eo, OMB

Chemical Safety Board issues Best Practice guidance for boards of directors to instill safety in their companies

Posted by Jon Elliott on Wed, Jun 17, 2020

The federal Chemical Safety and Hazard Investigation Board – which usually refers to itself as the Chemical Safety Board or CSB – conducts independent investigations of major chemical accidents, issues accident-specific findings, and offers specific or general recommendations for improved chemical handling and regulation (I wrote about its first set of rules here). In May, CSB issued “Best Practice Guidance for Corporate Boards of Directors and Executives in the Offshore Oil and Gas Industry for Major Accident Prevention.” This Guidance represents CSB’s latest attempt to enhance organizational attention to safety culture issues.

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Tags: Health & Safety, AED, CSB, DOI, API, chemical safety, bsee, sasb

Is that workplace COVID case work related? OSHA revises enforcement review of employer determinations

Posted by Jon Elliott on Wed, May 27, 2020

Effective May 26, 2020, the Occupational Safety and Health Administration (OSHA) revised its (interim) enforcement guidance for its inspectors and personnel use when investigating whether an employer properly classified a workplace illness involving COVID-19. This guidance expands and replaces the version OSHA issued on April 10 -- it does not affect the agency’s broader enforcement guidance for cases considering whether an employer unreasonably exposed employees to COVID-19 (which I wrote about here), although it’s easy to imagine scenarios where inspectors could be called upon to investigate both types of potential violations. OSHA states this guidance will remain effective until the present public health crisis ends, unless revised again.

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Tags: Health & Safety, OSHA, Coronavirus, Safety and Health at Work, Workplace hygiene, Covid-19

US Employers: It’s Time For New I-9 Forms

Posted by Jon Elliott on Wed, Apr 01, 2020

North American employers are required to verify new employees’ identities and eligibility to work in the country. In the United States, employers’ inquiries must confirm eligibility to work in the U.S. when an employee is actually being hired (not just applying), using Form I-9 (Employment Eligibility Verification), which is issued and administered by the U.S. Citizenship and Immigration Services (USCIS) unit of the federal Department of Homeland Security (DHS). USCIS has revised the I-9 form – the new form is dated October 21, 2019 but was only formally published on January 31, 2020. The new version includes minor changes from the preceding one (which was dated July 17, 2017 and set to expire August 31, 2019 but subject to extended viability by USCIS pending approval of the newest version).

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Tags: Business & Legal, Employer Best Practices, Health & Safety, Employee Rights