Look In the Sky: It’s a Bird, It’s a Plane, It’s OSHA!

Fall Protection in the Roofing and Construction Industry

BY: Carl Habekost, Esq.
The duty to have fall protection in the construction industry (OSHA section 1926.501) regularly tops the list of the most frequently cited OSHA standards.  But fall protection, although of paramount importance, is not the only requirement for roofing and construction companies in developing an effective safety program. In 2016, OSHA published “Recommended Practices for Safety and Health Programs in Construction.

The Joint Employer Rule and OSHA Liability

On April 1, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would revise and clarify the responsibilities of employers and “joint employers” to employees in certain “joint employer” arrangements.  The proposal, if adopted, will be the first substantial change to DOL regulations on this topic since 1958.

Managers, Supervisors, and OSHA: A “Binding” Experience

When a Compliance Officer (OSHA Inspector) appears at your workplace, employers should be aware that everything a supervisor or manager says at any point in time to the inspector could, and probably will, bind the company to support a citation.
Imagine that an OSHA Inspector appears at your place of business based on a complaint of safety concerns by employees.  The OSHA Inspector presents credentials, and the opening conference begins.

Look In the Sky: It’s a Bird, It’s a Plane, It’s OSHA

On May 18, 2018, OSHA issued an internal memorandum to its regional administrators outlining procedures for the use of “drones” during inspections.   Despite the fact this memorandum was issued nearly a year ago, very little is known about the practical impact on enforcement activities.   Employers need to remember that OSHA does not have unlimited search authority.