Risk & Business Magazine Spectrum Insurance Fall 2019 | Page 7
OSHA CORNERSTONES
"THE REVISIONS ARE EXPECTED TO INCREASE
UNDERSTANDING AND COMPLIANCE WITH THE
PROVISIONS, IMPROVE EMPLOYEE SAFETY AND
HEALTH, AND SAVE EMPLOYERS MILLIONS OF DOLLARS
EACH YEAR."
Administration (EBSA) recovered $352
million in enforcement actions, and
the Wage and Hour Division (WHD)
recovered nearly $266.6 million in back
wages.
Comparatively, according to the most
recent data, EBSA recovered $1.1
billion in enforcement actions, WHD
recovered a record $304 million in back
wages, and OSHA conducted more than
32,000 inspections in the 2018 fiscal
year. Despite the increased action, DOL
guidance on complying with rules and
regulations has decreased.
presidential memorandum to improve
government regulations.
OSHA has said the changes were made to
update standards that may be confusing,
outdated, or unnecessary. The revisions
are expected to increase understanding
and compliance with the provisions,
improve employee safety and health, and
save employers millions of dollars each
year.
The following are some key highlights of
the revisions:
•
WHAT DOES THIS MEAN FOR
EMPLOYERS?
Employers should be aware that the uptick
of DOL enforcement actions will continue.
As such, they should take action to review
and evaluate their compliance obligations
to avoid costly fines and penalties.
In particular, employers should review
their OSHA obligations, as the DOL
has communicated that inspections
will continue to increase. Additionally,
employers should take time to review the
newly proposed overtime rule to identify
which employees may be affected if the
rule becomes final.
OSHA REVISES REQUIREMENTS IN
SAFETY AND HEALTH STANDARDS
OSHA recently issued a final rule, revising
fourteen provisions in the recordkeeping,
general industry, maritime, and
construction standards. OSHA proposed
the changes in October 2016 as part
of its Standards Improvement Project,
which began in 1995 in response to a
•
•
One revision removes the
requirement for employers to provide
periodic chest X-rays (CXR) to
screen for lung cancer. This change—
which impacts several of OSHA’s
standards—was made because
studies have not shown a benefit of
periodic CXR screening in reducing
lung cancer or mortality.
Related to the above revision, one
change allows employers to use
digital radiography and other
reasonably sized standard films for
X-rays. OSHA proposed the revisions
to update CXR requirements to allow
for the use of digital radiography but
does not require the use of digital
CXR.
Another revision updates standards
related to the storage of building
materials inside buildings under
construction. In its final rule, OSHA
determined it is unnecessary to
post safe load limits in residential
construction.
•
The final rule also affects sanitization
standards for shipyard employment
regarding vermin infestation.
Currently, vermin are defined as
insects, birds, rodents, and feral cats
that may create safety and health
hazards for employees. The final rule
removes feral cats from the definition,
conforming to the general industry
standard provision on vermin.
The final rule was published in the Federal
Register on May 14, 2019 and took effect
on July 13, 2019. Organizations need
to stay up-to-date on OSHA standard
revisions in order to remain compliant,
ensure a healthy workplace, and avoid
potential fines.
For more compliance updates and safety
information, contact Spectrum Insurance
Group today. +
BY: DAN FROST
RISK MANAGER/SAFETY CONSULTANT
SPECTRUM INSURANCE GROUP
With over 30 years experience, Dan Frost
specializes in OSHA, DOT and Worker
Compensation Claims. If you have any
questions or would like to discuss this
topic, he can be reached at 877-582-7046
or [email protected]
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