OSHA to Hold Second Public Meeting to Discuss Voluntary Protection Programs

As generally expected under a Republican administration, OSHA appears more focused on compliance and a collaborative working relationship with businesses. As part of this strategy, OSHA recently announced it will hold its second public meeting on August 28, 2017 to solicit suggestions for strengthening the Voluntary Protection Programs (VVP).

The agenda will target three broad categories which include 1) overall VVP process and flow; 2) corporate/long-term participant involvement; and 3) special government employee activities. The meeting will be held in the Great Hall B of the Ernest N. Morial Convention Center in New Orleans from 1 to 4 p.m. A link to register follows https://reg.abcsignup.com/reg/event_page.aspx?ek=0019-0016-b6d21cbf3980471ea6e0bf2b391faacb

However, it is also worth noting that the numbers do not indicate any material slip in enforcement. OSHA inspections have remained relatively constant during the first six months of the Trump administration, as approximately 17,500 inspections occurred from January 20 to July 20, 2017, compared to approximately 16,500 inspections that happened during the same period in 2016. It will be interesting to see if the rate of inspections continues in the coming years and to watch for any significant policy shifts such as in the area of bathroom facilities for transgender workers, among others.

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Timely OSHA Issues Discussed at the American Bar Association – OSHA Committee Meeting

Close-up of Hands holding pens and making notes at the conferenceThe ABA – OSHA Committee held its 2017 Midwinter Meeting in Jupiter Florida from March 7 – 10. It was well attended by OSHA practitioners across the country including many prominent government attorneys including: Susan Harthill, Deputy Solicitor for National Operations; Thomas Galassi, Director, Directorate of Enforcement Programs, OSHA; the Honorable Covette Rooney, Chief Judge, U.S. Occupational Safety and Health Review Commission; and Heather MacDougall, Acting Chairperson, Occupational Safety and Health Review Commission.

Many in the audience wondered how the new Administration might affect OSHA in the next four years. As expected, the typical response from the government side was business as usual with one government attorney commenting, “smaller but mightier.”

The various panels throughout the conference discussed timely OSHA issues (many of which have been covered in prior blogs here) including the new electronic recordkeeping rules, annual indexing of penalties, developments in process safety management, criminal prosecutions following workplace fatalities, targeted enforcement initiatives and anti-retaliation issues.

During one panel which discussed legal issues arising from OSHA inspections, there was a particularly lively exchange between management attorneys and OSHA representatives on two specific issues: 1) the right of non-employee, union representatives in a non-union worksite to participate in a walk-around inspection and 2) the right of hourly employees to have a management representative participate in an OSHA interview. Read More

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A Quick Look Back at OSHA in 2016 by the Numbers

construction area inspectionThere are lot of questions about how the Trump administration will affect OSHA in the next four years including who will lead the agency.  The President has already implemented a federal hiring freeze although there are some exceptions built into the mandate. However, it is probably a safe bet to assume we probably will not see an increase in OSHA enforcement and most likely a shift from enforcement to compliance assistance as federal budgets will likely shrink. Read More

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