Top 10 Most Frequently Cited OSHA Standards Violations in 2018

OSHA released the top 10 most frequently cited standards by Federal OSHA in fiscal year 2018 (October 1, 2017, through September 30, 2018). Although the majority of the list remains the same as 2017 top 10 citations, electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305) was replaced by eye and face protection at number 10.

Fall protection, construction (29 CFR 1926.501)
Hazard communication standard, general industry (29 CFR 1910.

Court Rules in Favor of OSHA’s Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit Court of Appeals in Acosta v Hensel Phelps Construction Co. ruled that the “Secretary of Labor has the authority under the Occupational Safety and Health Act to issue citations to controlling employers at multi-employer worksites for violations of the act’s standards”.

OSHA launches Site-Specific Program to Target High Injury and Illness Rates

On October 17, 2018, OSHA issued a Trade Release Communication to advise employers of its Site-Specific Targeting Program.  The program will utilize injury and illness information which has been electronically submitted by employers for the calendar year 2016.  The program will target high injury rate establishments in both the manufacturing and non-manufacturing sectors for inspection.

OSHA and Its New Approach to Drug Testing Programs and Safety Incentive Policies

On October 11, 2018, OSHA issued a Memorandum to Regional Administrators clarifying the agency’s position on workplace safety incentive programs as well as post-incident drug testing policies.  By way of background, on May 12, 2016, OSHA published a final rule which amended 29 CFR 1904.35 prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses.

Medical Marijuana Update

Employers in Ohio face a challenging situation with the advent of medical marijuana and the issues it presents in the workplace.  The law entitles employers to a drug free workplace and the enforcement of a zero-tolerance policy.  However, to date, there is not a “real time” test to determine whether an employee is impaired or “high”.