Michael Rubin’s Post

Last week, an OSHA state plan agreed to withdraw 13 of 18 violations against our client. If we went trial, we might have done better, but, you never know EXACTLY what a judge will do, so we could have done worse. (Remember, we are not the judge and there are uncertainties with trials, no matter how much you think you are right!) Here's what is so striking about this result. At the informal conference, over a YEAR AGO, OSHA barely offered to withdraw ANYTHING. So, what changed?! If there is "the truth," and there is what is right and wrong, how can you reconcile OSHA agreeing to do nothing a year ago, and then agreeing to withdraw 13 violations it steadfastly said were valid previously?! Lesson learned: The offer at an informal conference is RARELY (I would have to say, NEVER) the best offer you will get. As evidenced here, and 100s of other matters! #OSHA #safety

I've been a bit covered up the last couple of weeks, but wanted to share that Jennifer Yanni and I will be presenting the third in our 17 session series of OSHA primer webinars tomorrow. The topic tomorrow is "the Duty to Comply." A lot of time employers don't appreciate that under the OSHA Act they have a duty to comply with the Act and the regulations and standards (there is a difference and I believe we have made it clear what they are, but ask if you aren't clear) promulgated by OSHA. Tomorrow, Jennifer discusses the topic and I get to "moderate" the presentation. #odworkplacesafety #osha #oshact #webinar

If your OSHA matter doesn’t settle at an informal conference, that’s fine! Submit a notice of contest (thereby preserving all of your rights) and move forward! You will not be in a worse position after submitting a notice of contest. If the local OSHA area office tells you that if you don’t settle, you will have to see the judge, go to litigation, litigate the matter, go to trial, go to court, and/or some other variation of something unknown and scary, THAT’S OK! Believe it or not, there are impartial judges that decide OSHA matters. Yes - remember that, OSHA is not the judge, the judge is the judge. And you can always appeal. So, you see, you can always have your day in court and more. But, to do all of this you can never let anyone (hint: OSHA) scare you with the process. That process is there for you to HELP, not hurt! With that in mind, go ahead and submit a notice of contest. Or, at the least, don’t not do it because someone - or something - scared you of the process. Due process is really a thing! #OSHA #safety

It's a fine line between something and nothing Just like an OSHA "other-than-serious" zero penalty violation! Today we handled an OTS zero penalty citation - OSHA withdrew it with a phone call. The explanation from an Area Director: "I have to cite a company for a violation, no matter how technical, because there is no option to issue a de minimis violation." If you get an OTS, zero penalty violation, consider your options! It could cause you a later repeat and I can tell you that the repeat in all likelihood will be much harder to defend against. Takeaways: 1. You might be happy to get an other-than-serious violation with no penalty. But, later you might not be so happy! 2. OSHA may have no incentive to fight an OTS zero penalty violation. Attorneys from the U.S. Department of Labor have even less! 3. You should have every incentive to fight an OTS zero penalty violation. If it’s almost nothing, make it nothing! #OSHA #safety

All - I send out a monthly OSHA e-newsletter. If you would like to be added, please “DM” me (if that’s still said) with your email! It includes 2-3 parts substantive updates (critical news you might need to know now - essentially “what’s happening” in the OSHA world today, or in the particular month) and 1 part how to assert your rights and/or prevail during an OSHA inspection. Let’s do this! #OSHA #safety

In case you haven't heard - there's a new OSHA Update which simply cannot be ignored. Better look at it. Daniel Abbotoy Branden Raczkowski #ehsmanagers #safetyculture #safetyfirst #safetycommunity #safetyleadership #safetyknights #ehscommunity

The March 2, 2024 deadline to submit your OSHA Form 300A data is almost here. If you're an establishment with 100 or more employees, it's imperative that you electronically submit your summary of recordable work-related injuries and illnesses for 2023. This isn't just a suggestion – it's a mandate under OSHA's updated requirements, applicable to those covered by Federal OSHA as well as approved state plans. For detailed guidance on fulfilling your submission requirements, get in touch with the OSHA attorneys at Sheehy, Ware, Pappas & Grubbsby heading to the link below: https://lnkd.in/g6tKMe6S #OSHA #WorkplaceSafety #Compliance

📣 FRIENDLY COMPLIANCE REMINDER! 📣 Beginning Feb. 1, employers must post a summary of the total number of job-related injuries and illnesses that occurred last year. Employers are only required to post the Summary (OSHA Form 300A) – not the OSHA 300 Log – from Feb.1 to Apr. 30.

100% Everything is great in the safety world until there's a serious event or accident. If you're a safety professional working for a company then you should strive to be constantly improving your health and safety plan. And just remember to DOCUMENT DOCUMENT DOCUMENT. If it's not documented, then it's going to be more difficult to pull those records and prove it in court down the road. Work proactively. Don't be reactive when it comes to improving the safety of your workplace.

If there was no underlying injury, or event, OSHA might say your health and safety plan was just fine! But, if there's an injury - especially a fatality - everything changes! Now, all of sudden, you should have done this, that, and maybe a whole lot more. Welcome to another level of scrutiny! (We encountered this in a matter this week.) But, is this fair? What's right, and compliant, should be right, and compliant, in all circumstances. Wouldn't you agree? However, get ready for OSHA to work backwards. Takeaway: If something goes wrong, you might need to have been MORE THAN compliant. If you don't understand what that means, ask OSHA! But, just remember, could have, should have, is not a legal standard. What controls is the law - end of story! #OSHA #safety