Lawsuit dismissed
- The U.S. Court of Appeals affirmed the dismissal of a lawsuit challenging OSHA, which determined that conditions at a meatpacking plant did not constitute an “imminent workplace danger.”
- The court held that an individual cannot maintain a private cause of action for alleged imminent workplace danger once OSHA has concluded its investigation.
- The case arose out of an inspection request to OSHA by meatpacking plant employees who claimed it had not done enough to ensure worker safety at the plant.
- OSHA conducted an inspection, but determined that “conditions at the Plant did not constitute an imminent danger.”
Clarifying OSHA reporting laws
- OSHA considers an injury to be work-related if an event or exposure in the workplace caused or contributed to the condition or significantly aggravated a pre-existing condition.
- The OSH Act regulations also indicate that cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded.
- A work-related injury or illness must be recorded to OSHA if there is a death, an employee has days away from work, or is restricted from work or transferred to another job.
- Other issues that must be reported to OSHA are medical treatment beyond first aid, loss of consciousness, and significant injury or illness diagnosed by a physician or other licensed healthcare professional.
Preparing for OSHA walk-through
- OSHA has a proactive agenda to enforce safety regulations in 2023 and this means potential walk-throughs for workplace facilities.
- Companies should review the comprehensive OSHA inspection guidelines and then put together a plan for when the agency arrives at the worksite.
- Management must be aware of what areas of the worksite contain trade secrets or other confidential commercial information that it would not want a third party to see or access.
- Firms should understand your rights if OSHA arrives at your worksite and have a plan before you are asked to allow a non-employee to accompany an inspector.
Walmart must update warehouses for safety
- Walmart must correct problems with how pallets of goods are stored in a Johnstown, N.Y., warehouse, a federal judicial panel said.
- The ruling ended a five-year legal fight that began with falling crescent roll packages.
- The Occupational Safety and Health Review Commission upheld an OSHA citation for Walmart shelving hazards and affirmed a $10,864 fine.
- The commission rejected the OSHA’s assertion that the shelving problems could be corrected in 19 days. Instead, the commission granted Walmart the six-month time frame it had estimated.