OSHA

On April 26, the Department of Labor's semiannual unified agenda was made available online at  www.dol.gov/asp/regs/agenda.htm and at www.regulations.gov.

In an April 22, 2010 memorandum to OSHA Regional Administrators, Assistant Secretary for Occupational Safety and Health David Michaels outlined "Administrative Enhancements to OSHA's Penalty Policies."  These administrative enhancements will become effective over the next several months, allowing affected OSHA personnel to become familiar with the changes and receive training. OSHA is also focusing on outreach in preparation for implementing the new penalty policy.

The U.S. Department of Labor's Occupational Safety and Health Administration is implementing a new Severe Violator Enforcement Program (SVEP).

The heads of five agencies of the U.S. Department of Labor will host live Web chats - open to the public and members of the press - to discuss their respective regulatory agendas. The Labor Department's entire regulatory agenda is scheduled for publication in the April 26 issue of the Federal Register.

 OSHA has the authority to impose on employers penalties for each individual instance of a violation of safety and health rules, according to an April 16 ruling by the U.S. Court of Appeals for the District of Columbia (National Association of Home Builders v. OSHA, D.C. Cir., No. 09-1053, 4/16/10). The unanimous decision by the three-judge panel upholds a long-standing OSHA enforcement tool, generally used only when the employer’s behavior is deemed by the agency to be “egregious.”

The March 17, 2010 Federal Register (75 FR 12718) includes a notice regarding changes to OSHA’s hearing schedule for its rulemaking to align the OSHA Hazard Communication Standard with the GHS. OSHA will hold a hearing in Pittsburgh at the Marriott Pittsburgh City Center on March 31, 2010 as originally scheduled. The deadline for filing a notice of intention to appear to present testimony or question witnesses at this hearing was January 18, 2010.

The Society for Chemical Hazard Communication (SCHC) is celebrating 30 years of delivering cost-effective, high quality continuing education on a wide range of topics of importance to professionals managing all aspects of hazard communication programs.

Assistant Secretary of Labor for Occupational Safety and Health, David Michaels, told lawmakers that OSHA’s current penalties are not large enough to provide adequate incentives for employers to “do the right thing” and comply with OSHA requirements. Michaels spoke at a March 16 House Workforce Protections Subcommittee hearing on “Protecting America’s Workers Act: Modernizing OSHA Penalties.”