Youth Movement: Federal Motor Carrier Safety Administration Seeks Younger Drivers  

Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) unveiled plans to lower the minimum legal age required to operate commercial motor vehicles in interstate commerce. The FMCSA began the Under-21 Military Pilot Program and has requested public comment on another proposal to allow drivers ages 18-20 to operate commercial motor vehicles. Both these initiatives will…

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I don't have a SOP for that issue.

Standard Operating Procedures (SOPS) have morphed from useful practical guidance to bewildering multi-page tomes which clash with the realty of how to do the job. More troubling, SOPs may be used as an excuse to not apply good judgment or hold employees responsible for safe performance. We’ll discuss these challenges and basic adjustments. Read more

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The Cult of Personality? Decline in OSHA Inspectors under President Trump

Every presidential administration has its priorities, and President Trump’s is no different.  President Trump has put his stamp on the Occupational Safety and Health Administration (OSHA) by stalling, delaying, or modifying Obama Administration policies (think the anti-retaliation rule and the e-file accident report regulation).  Read more

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Can You Dig It?  The Basics of Trenching Safety

Excavations and trenches have become so commonplace on worksites that some employers and employees have developed a sense of complacency with some of the most basic requirements of excavation safety.  To counter this, the Occupational Safety and Health Administration (“OSHA”) initiated a National Emphasis Program (“NEP”) on Trenching and Excavation, on October 1, 2018, to…

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Federal Court Reworks MSHA Workplace Exam Standard

On June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule (“2018 Amendment”) entitled, Examinations of Working Places in Metal and Nonmetal Mines, codified at 30 C.F.R. § 56/57.18002, see 83 Fed. Reg. 15,055…

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Show Me the Money! Have You Reviewed Your Incentive and Bonus Programs Lately?

Over the last couple of years, employee incentive programs have been under attack from the Department of Labor. However, OSHA and MSHA have undertaken their efforts against incentive programs in different ways.  In the preamble to the 2016 proposed amendments to 29 CFR § 1904.35, OSHA discussed how it could issue citations to employers based…

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Will OSHA Pay Your Attorney’s Fees for Fighting an Improper Citation Under the Equal Access to Justice Act?

The Occupational Safety and Health Administration (OSHA) conducted an inspection of your facility.  OSHA issues a serious citation to your company for a machine guarding violation, despite the fact the OSHA investigator did not actually observe a plausible infraction.  Your company would like to contest the citation because it was not justified.  However, your company…

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Are North Carolina Employers Required to Have a Written Safety and Health Program?

North Carolina law requires employers with a workers’ compensation experience rate modifier (“ERM”) of 1.5 or higher to “establish and carry out a safety and health program to reduce or eliminate hazards and to prevent injuries and illnesses to employees.”  Not just any program, however, will comply with the statutory requirements.  Read more

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