OSHA Expands Subpoenas

February 22, 2023

Interim rule could expand reach

  • OSHA is revising and expanding its use of administrative subpoenas through an interim final rule.
  • The realignment could foreshadow an increase in OSHA’s subpoena usage and more interaction between employers and the agency.
  • OSHA subpoenas are not self-enforcing, so if an employer fails to comply with a subpoena, the agency must seek court enforcement.
  • However, employers have the right to contest a subpoena.
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Foundry explosion kills worker

  • An explosion at I. Schumann & Co., a foundry in Bedford, Ohio, killed one person and caused another dozen injuries.
  • Multiple burn victims were taken to a nearby hospital, one person had to be airlifted by a LifeFlight helicopter and another 46-year-old man died.
  • The explosion was so powerful, bricks from the building were thrown across the parking lot.
  • Investigators are unclear about what caused the explosion.
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Safeway appealing fine

  • Safeway has decided to appeal a $7,250 fine issued by the Oregon Occupational Safety and Health Administration.
  • The agency penalized the supermarket over alleged safety issues following a deadly shooting at the store in Bend.
  • OSHA found that one of the only three back-door emergency exits was blocked by hundreds of pounds of drinks and food on stretcher-sized carts.
  • Security photos showed that customers and employees attempted to shove the carts clear of the exit when the shots rang out.
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Fines levied after 17-year-old killed in woodchipper

  • OSHA proposed $124,987 in fines for Adam’s Tree Service in Allentown, Pennsylvania, after a 17-year-old worker died when he was pulled into a woodchipper.
  • Investigators were told the company had allowed three minor-aged workers to operate the woodchipper, a hazardous occupation forbidden by federal child labor laws.
  • Adam’s Tree Service and Adam’s Tree Removal and Trimming failed to make sure employees used personal protective equipment, according to OSHA.
  • OSHA has referred the alleged child labor violations to the department’s Wage and Hour Division for further investigation.
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