February 13, 2016

FMCSA publishes final rule prohibiting coercion

FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations. The Rule provides FMCSA with the authority to take enforcement action not only against [...]

Clarifying OSHA’s rule on whistleblower retaliation

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Earlier last week, the Occupational Safety and Health Administration (OSHA) issued a final rule covering railroad whistleblower cases and employer retaliation. The rule serves to clarify whistleblower protections already in place and establishes procedures and time frames for handling employee retaliation complaints covered under the National Transit Systems Security Act (NTSSA) and the Federal Railroad [...]

OSHA issues final rule on retaliation, whistleblowing

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WASHINGTON - The Occupational Safety and Health Administration today issued a final rule establishing procedures and time frames for handling employee retaliation complaints under the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). The final rule is effective Nov. 9, 2015. NTSSA establishes protections against retaliation for public transportation agency employees who engage in whistleblowing activities related [...]

OSHA extends comment period for proposed rulemaking clarifying workplace injury record-keeping requirements

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Washington - The Occupational Safety and Health Administration is extending the deadline for submitting comments on the proposed rule that clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness. The comment due date has been extended to Oct. 28, 2015. OSHA issued this proposed rule in light of the [...]

OSHA unveils high penalty map

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The Department of Labor’s Occupational Safety and Health Administration has created a new webpage to identify high penalty cases in all U.S. states and territories. We hope this new resource will be helpful in your reporting on OSHA cases and initiatives. The map, which can be viewed at www.osha.gov/topcases/bystate.html, lists all enforcement cases with initial [...]

OSHA explains process of whistleblower resolution

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WASHINGTON - The Occupational Safety and Health Administration today issued policies and procedures* for applying a new process for resolving whistleblower disputes. The new process is an early resolution process that is to be used as part of a regional Alternative Dispute Resolution (ADR) program. The ADR program offers whistleblower parties the opportunity to negotiate a settlement [...]

OSHA proposes rulemaking clarifying workplace injury and illness record-keeping requirements

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Washington, D.C. - The Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking that clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness throughout the five-year period during which the employer is required to keep the records. “Accurate records are not simply paperwork, but have an [...]

OSHA warns of heat illness in outdoor workers

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HEAT ILLNESS CAN BE DEADLY. Every year, thousands of workers become sick from exposure to heat, and some even die. Heat illnesses and deaths are preventable. Employers are responsible for providing workplaces that are safe from excessive heat. What is heat illness? The body normally cools itself by sweating. During hot weather, especially with high [...]

OSHA finds BNSF violated whistleblower protections

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SEATTLE, Wash. – North America’s second-largest freight railroad, Burlington Northern Santa Fe LLC, must reinstate a train conductor and pay the man $536,063 in back pay, damages and attorney’s fees after a federal investigation found the rail operator retaliated against its employee after reporting a knee injury. BNSF filed disciplinary charges against the conductor after he [...]

GBW railcar services faces OSHA fines

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Two workers endured several weeks of skin graft surgery and physical therapy after suffering second-degree burns when gas vapors exploded in a railcar in December 2014 at GBW Railcar Services LLC. The car was being prepared for cleaning when an electric heater ignited the flammable gas. Seven other workers were treated for injuries and released [...]