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osha-logo_webWASHINGTON – 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 to public transportation safety or security. FRSA provides protections against retaliation for railroad carrier employees who report a work-related injury or engage in other whistleblowing activities related to railroad safety or security. These protections extend to employees of contractors and subcontractors who do work for public transportation agencies and railroad carriers.

Both provisions were enacted by the 9/11 Commission Act of 2007. FRSA was amended in 2008 to prohibit railroad carriers from denying, delaying or interfering with employees’ medical or first aid treatment. The FRSA amendments also require that injured employees be promptly transported to the nearest hospital upon request.

“Railroad workers have the right to report injuries and to follow their doctor’s treatment plans for injuries sustained in the course of their employment without fearing that they will be retaliated against,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Railroad and public transit agency workers must never be silenced by the threat of losing their job when their safety or the safety of the public is at stake.”

In 2010, OSHA published an interim final rule and requested public comments. The final rule responds to the comments, incorporates recent case law under the statutes and updates the rules to improve both employees’ and employers’ access to information about the case during OSHA’s investigation and their ability to participate in OSHA’s investigation.

OSHA’s Whistleblower Protection for Public Transportation Agency Workers* and Whistleblower Protection for Railroad Workers* fact sheets explain who is covered under the acts, protected activity, types of retaliation and the process for filing a complaint.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities, commercial motor vehicle, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health, and consumer product safety laws and regulations. For more information, please visit www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

osha-logo_webWashington – 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 decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of Labor (Volks)* to clarify its long-standing position that the duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness. The proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.

The proposed rule was published in the July 29, 2015, issue of the Federal Register. Members of the public can submit written comments on the proposed rule at http://www.regulations.gov, the Federal e-Rulemaking Portal. See the Federal Register notice for submission details.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

osha-logo_webThe 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 penalties of $40,000 or more, beginning on January 1, 2015. The cases are also listed in table format here.

When you click on a state, a list of cases will appear with hyperlinks to the actual enforcement pages for details.

The posting of some cases will be delayed to ensure the employer has been notified. Also, please keep in mind that initial penalties can be contested and may be changed.

For the first time, this map shows high penalty cases in states that operate under federal OSHA as well as in states that operate under OSHA-approved state plans.

View the blog on the New Safety Fine Map.

osha-logo_webWASHINGTON – 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 with the assistance of a neutral, confidential OSHA representative who has subject-matter expertise in whistleblower investigations. The Administrative Dispute Resolution Act* requires that each federal agency “adopt a policy that addresses the use of alternative means of dispute resolution and case management.”

“OSHA receives several thousand whistleblower complaints for investigation each year,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The Alternative Dispute Resolution process can be a valuable alternative to the expensive and time consuming process of an investigation and litigation. It will provide whistleblower complainants and respondents the option of exploring voluntary resolution of their disputes outside of the traditional investigative process.”

OSHA piloted an ADR program in two of its regions from October 2012 to September 2013. The pilot proved that the early resolution ADR process is a successful method for helping parties to reach a mutual and voluntary outcome to their whistleblower cases. The pilot program demonstrated that having staff dedicated to facilitating settlement negotiations provides an efficient and effective service that is highly desired by complainants and respondents alike.

The success of the early resolution ADR process has resulted in the agency making it available to all of its regions. This directive does not prohibit OSHA whistleblower offices from offering complainants and respondents other alternative dispute resolution processes, such as third-party mediation.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health regulations, and consumer product safety laws. For more information, please visit www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

osha-logo_webWashington, 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 important, in fact life-saving purpose,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “They will enable employers, employees, researchers and the government to identify and eliminate the most serious workplace hazards – ones that have already caused injuries and illnesses to occur.”

OSHA is issuing this proposed rule in light of the decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of Labor (Volks) to clarify its long-standing position that the duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness. The proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.

The proposed rule was published in the July 29, 2015, issue of the Federal Register. Members of the public can submit written comments on the proposed rule at http://www.regulations.gov, the Federal e-Rulemaking Portal. See the Federal Register notice* for submission details. Comments must be submitted by Sept. 28, 2015.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

HEAT ILLNESS CAN BE DEADLY.

osha sunEvery 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 humidity, sweating isn’t enough. Body temperature can rise to dangerous levels if precautions are not taken such as drinking water frequently and resting in the shade or air conditioning. Heat illnesses range from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke requires immediate medical attention and can result in death.

How can heat illness be prevented?

Employers should establish a complete heat illness prevention program to prevent heat illness. This includes: provide workers with water, rest and shade; gradually increase workloads and allow more frequent breaks for new workers or workers who have been away for a week or more to build a tolerance for working in the heat (acclimatization); modify work schedules as necessary; plan for emergencies and train workers about the symptoms of heat-related illnesses and their prevention; and monitor workers for signs of illness. Workers new to the heat or those that have been away from work and are returning can be most vulnerable to heat stress and they must be acclimatized.

To prevent heat related illness and fatalities:

  • Drink water every 15 minutes, even if you are not thirsty.
  • Rest in the shade to cool down.
  • Wear a hat and light-colored clothing.
  • Learn the signs of heat illness and what to do in an emergency.
  • Keep an eye on fellow workers.
  • “Easy does it” on your first days of work in the heat. You need to get used to it.

If workers are new to working in the heat or returning from more than a week off, and for all workers on the first day of a sudden heat wave, implement a work schedule to allow them to get used to the heat gradually. Working in full sunlight can increase heat index values by 15 degrees Fahrenheit. Keep this in mind and plan additional precautions for working in these conditions.

Remember these three simple words: Water, Rest, Shade. Taking these precautions can mean the difference between life and death.

Who is affected?

Any worker exposed to hot and humid conditions is at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions, including new workers, temporary workers, or those returning to work after a week or more off. This also includes everyone during a heat wave.

Industries most affected by heat-related illness are: construction; trade, transportation and utilities; agriculture; building, grounds maintenance; landscaping services; and support activities for oil and gas operations.

osha-logo_webSEATTLE, 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 reported the injury, which occurred in November 2010 while en route from Vancouver to Pasco. The employee filed a Federal Railroad Safety Act anti-discrimination complaint with OSHA in February 2011. Company officials fired him in August 2011 despite knowing that his injury report was protected by law.

U.S. Department of Labor Occupational Safety and Health Administration investigators determined the railroad violated federal laws protecting whistleblowers. After an investigation, OSHA ordered the reinstatement and financial compensation.

“Disciplining an employee for reporting an injury is illegal,” said Ken Atha, regional administrator for OSHA’s Seattle office. “Those who do so face negative repercussions. Retaliatory actions can discourage other workers from speaking up, which may result in an unsafe work environment.”

In addition to paying punitive and compensatory damages, OSHA ordered BNSF to rehire the employee and expunge his record of all charges and disciplinary action. The company must also conduct training for supervisors and managers on employee whistleblower rights and post a notice to employees of their whistleblower rights.

Both the employee and the railroad have 30 days from receipt of OSHA’s findings to file objections and request a hearing before the department’s Office of Administrative Law Judges.

With 38,000 employees, BNSF operates more than 7,000 locomotives and 32,500 miles of track.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws.

Under laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. Detailed employee rights information is available online at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

osha-logo_webTwo 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 from the hospital.

After the incident in Cummings, Kan., U.S. Department of Labor Occupational Safety and Health Administration inspectors identified 11 serious safety violations and proposed penalties totaling $46,900.

“Two employees suffered painful injuries that put them out of work for three months because GBW Railcar Services ignored worker safety,” said Judy Freeman, OSHA’s area director in Wichita. “Failing to eliminate potential ignition sources from areas where flammable substances were likely to be present proved an explosive combination. Worker protection must always be job one.”

A 30-year-old laborer, who was preparing the railcar for cleaning, suffered second-degree burns to the hands, face, neck and torso when the explosion occurred. He had been on-the-job for three months.

The fireball from the explosion ignited the paint booth where a 47-year-old worker also became engulfed in the flames, causing second-degree burns to his face, neck, hands and torso. The worker also sustained injuries from the paint booth door striking him during the explosion. The painter worked for the company for more than three years.

OSHA’s investigation found that GBW Railcar Services exposed workers to fire and explosion hazards by not eliminating potential ignition sources, such as electrical equipment and heating appliances, from areas where flammable vapors and materials could be present, and did not use electrical equipment rated for hazardous locations. The company stored flammable materials improperly near paint booths; failed to maintain gauges to show air velocities; and did not protect above-ground fuel tanks from vehicle collisions.

GBW Railcar Services has more than 40 facilities nationwide and employs more than 2,100 people to perform repair, maintenance and recertification services for railcars. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director in Wichita, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the Wichita office at 316-269-6644.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

osha-logo_webTo help ensure that workers have a voice in their workplaces and the protection they deserve, the Occupational Safety and Health Administration unveiled a new version of its “Job Safety and Health – It’s The Law!” poster. The poster informs workers of their rights, and employers of their responsibilities.

“This poster emphasizes a very important principle when it comes to prevention – that every worker has a voice,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Workers need to know their rights and be able to use their rights, without fear of retaliation, when they believe that their safety or health is at risk.”

The newly designed poster informs workers of their right to request an OSHA inspection of their workplaces, receive information and training on job hazards, report a work-related injury or illness, and raise safety and health concerns with their employer or OSHA without being retaliated against.

The poster informs employers of their legal obligation to provide a safe workplace. In addition, it has been updated to include the new reporting obligations for employers, who must now report every fatality and every hospitalization, amputation and loss of an eye. It also informs employers of their responsibilities to train all workers in a language and vocabulary they can understand, comply with OSHA standards, and post citations at or near the place of an alleged violation.

Over the agency’s 44-year history, there have been several versions of the official OSHA poster, with the last update published in 2007.

OSHA’s “It’s the Law” poster is free and can be downloaded. Employers must display the poster in a conspicuous place where workers can see it. Previous versions of the poster do not need to be replaced.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

osha-logo_webAn investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration has determined that management of the Union Pacific Railroad added insult to injury when it blamed a worker in Roseville who was hurt on-the-job and then retaliated against him for reporting his injury in February 2011.

Investigators established that Union Pacific violated the Federal Railroad Safety Act when the company retaliated against the employee for reporting to his supervisors that he was hurt while lifting materials and equipment. As a result, OSHA has ordered the railroad to pay the worker $100,000 in punitive and compensatory damages.

This case follows a pattern of behavior by Union Pacific toward its injured employees. OSHA recently reported that the railroad has faced more than 200 whistleblower complaints nationwide since 2001.

“Union Pacific has repeatedly retaliated against workers who report on-the-job injuries,” said Barbara Goto, acting OSHA regional administrator in San Francisco. “That flies in the face of the protections that the FRSA affords.”

After being hurt, the employee in Roseville reported his injury. Although evidence at an investigatory hearing proved otherwise, Union Pacific charged the employee with causing his own injury by not using proper ergonomic and safety techniques. The company suspended him without pay for five days.

In November 2012, Union Pacific apparently changed course. The company expunged the employee’s record and paid him for the day he attended the investigation hearing and the five days of his suspension. Since the company voluntarily corrected the retaliation, OSHA assessed $50,000 in punitive damages.

Any of the parties in this case can file an appeal with the department’s Office of Administrative Law Judges.

Union Pacific is the principal operating company of Union Pacific Corp, which functions in 23 states across the western two-thirds of the United States. It has 47,000 employees and operates 8,000 locomotives over 32,000 route miles.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.