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Employment Law
Alert July 31, 2009
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Labor and
Employment Practice Group Leaders
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Practice Group
James E. Baiers
Connie M. Cessante
Anne-Marie Vercruysse Welch
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OSHA TO
INCREASE RECORDKEEPING ENFORCEMENT FOR EMPLOYERS IN CERTAIN
INDUSTRIES
The
Occupational Safety and Health Administration ("OSHA")
recently announced that it is launching a pilot injury and illness recordkeeping
enforcement program in August. The program is funded by a
recent $1 million dollar appropriation to the U.S. Department of
Labor, will last for a year, and focus on traditionally
"high-risk" industries that have recently reported low
injury and illness rates on their OSHA logs. This includes
industries such as animal slaughtering, steel foundries, soft drink
manufacturing, and nursing homes. Additionally, any worksite,
regardless of industry, that has reported a Days Away, Restrictions
and Transfers ("DART") rate of 4.2 (twice the private
industry average) falls within the scope of the new enforcement
program.
Any OSHA
inspection under the program will include: (1) a records
review; (2) interviews with the employer's recordkeepers
and employees; and (3) a "limited walk-around" of the
employer's main working areas. The records inspection will
involve a review of all available injury and illness records from a
sample list of employees employed during 2007, including their medical,
worker's compensation, absence, and OSHA Form 301 records. If
the OSHA inspector determines that any injuries or illnesses are
being under-recorded, OSHA may choose to expand the scope of its
inspection beyond its selected sample of employees.
The OSHA inspector will also interview hourly employees from
occupations most likely to sustain injuries. Its goal will be
to identify the employer's system for reporting injuries and
illnesses, and whether any of its reporting programs, or procedures
are discouraging any employees from reporting their injuries.
In order to
effectively prepare for the new enforcement program, employers in the
targeted industries should review their injury and illness records
and OSHA recordkeeping forms to ensure they are up-to-date and properly
completed. Targeted employers should also evaluate their
current inspection plan to make sure they are able to properly manage
the inspector's walk-around, records review, and employee interviews,
in order to minimize potential legal liability for unwarranted
citations.
If you have
any questions about the OSHA enforcement program, please contact Kurt
Graham at (616) 608-1144, or kgraham@clarkhill.com or your Clark Hill Labor and Employment attorney.
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To find out
more about Clark Hill and our Labor and Employment Practice Group,
visit clarkhill.com or
call 800.949.3124
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