OSHA Proposes Ergonomics Standard

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On November 23, 1999, OSHA published its long-awaited (dreaded) proposed Ergonomics Standard in the Federal Register. The standard will require ergonomics programs at employers where one or more employee has suffered a musculoskeletal disorder. Employees on disability leave will have to be paid 100% of their wages and benefits. For more information, contact Shell.


OSHA Says It Won’t Routinely Request Employers’ Voluntary Self-Audits

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For several years OSHA has had the right to obtain employers’ self-audits. In some instances OSHA inspectors have routinely demanded voluntary self-audits at the outset of an inspection, using the road map to investigate possible violations, and if found, classify them as willful. On October 6, 1999 (and finalized on July 28, 2000) OSHA announced that it will no longer do so. BUT BEWARE. OSHA may still demand self-audits if it independently suspects a violation.


New Enforcement Policy

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On April 19, 1999, OSHA announced a new site-specific enforcement plan that targets 2,200 workplaces for immediate, unannounced wall-to-wall inspection. The new plan, announced following the federal appelate court’s striking down of OSHA’s so-called Cooperative Compliance Program (“CCP”), is based on 1997 injury and illness data. Under the new plan, work sites with a Lost Workday Injury and Illness Rate (“LWDI”) of 16.0 or more will be inspected by the end of 1999. Employers with an LWDI of 16.0 or more should prepare for an inspection immediately.


Whistleblower Protection

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On March 31, 1999 OSHA announced a pilot program in the Midwest region to educate employees about OSHA’s whistleblower protections. OSHA wants workers to know they have the right to report safety and health problems without fear of employer reprisals. OSHA will distribute a brochure on the subject, printed in English, Polish and Spanish. Strengthened legislative efforts also are planned.


Dipping and Coating Operations

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On March 23, 1999 OSHA revised it’s standard for dipping and coating operations. The standard can be found at 29 CFR Section 1910.108 and Section 1910.94(d).


Amended Confined Space Entry Standard

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Effective February 1, 1999 new requirements apply to employee/union rights, outside rescue services, and training. See 29 CFR 1910.146.


New Forklift Training Standard

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Effective March 1, 1999 new powered industrial truck operator training requirements go into effect. See 29 CFR 1910.178(1)


Residential Lead Paint Enforcement

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EPA has begun to enforce its Real Estate Notification and Disclosure Rule which requires the disclosure of information concerning lead-based paint and its hazards in residential housing, at the time of sale or lease. See 40 CFR Pt. 745, subpart F. EPA inspectors are performing surprise inspections at, among other places, real estate brokerage and rental offices.


Constitutional Challenges to Retroactive Superfund

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A recent Supreme Court decision gives new life to PRP challenges to the retroactive application of Superfund. In Eastern Enterprises v. Apfel, 118 S. Ct. 2121 (June 25, 1998), the Supreme Court held a retroactive requirement to fund health care costs an unconstitutional taking, applying takings law for the first time to the imposition of liability to pay claims.


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