Highway Safety Rules Get First Update in 20 Years

 

FHWA Sets Final Rule for Improved Safety for Highway Construction Workers

  • The first update to rules governing highway construction worker safety in more than 20 years was published on Nov. 5.
  • The Federal Highway Administration (FHWA) said the updates to the Work Zone Safety and Mobility Rule and the Temporary Traffic Control Devices Rule would help states better manage highway construction work zones, making  them safer for roadway workers
  • The updates would also provide states with comprehensive management strategies to ensure worker safety while minimizing traffic disruptions, officials said.
  • The rule also supports the U.S. Department of Transportation’s National Roadway Safety Strategy to address highway crashes and fatalities.
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Mine Safety Agency Awards $11M in Training Grants

  • The Mine Safety and Health Administration has awarded more than $10.5 million in grants to reduce mining accidents, injuries and illnesses by supporting programs such as safety and health courses.
  • The grants were made to organizations in 45 states, the Navajo Nation and the Commonwealth of the Northern Mariana Islands.
  • MSHA state grants are awarded in response to applications by states and territories. Funds are provided to state departments and agencies, and to state-supported universities and colleges. 
  • Programs are tailored locally to address conditions and hazards miners in various areas may encounter.
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Ogletree Lawyers Posit Federal Court Ruling Challenges OSHA’s Administrative Law Judge System

  • Lawyers at Ogletree Deakins said that following the U.S. Supreme Court’s ruling in SEC v. Jarkesy, which restricted the use of administrative law judges at the SEC, a U.S. district judge in Texas has extended this ruling to include ALJs at the DOL, potentially affecting OSHA’s adjudication procedures.
  • The judge’s ruling indicates that the OSHA Review Commission’s administrative review procedures may not withstand constitutional scrutiny, particularly due to the multilevel good-cause removal protections for ALJs, which infringe on the president’s authority under the “Take Care Clause.”
  • The Nov. 7 blog post observed the potentialImpact on employers and the legal landscape, stating that “the decision could significantly alter the legal landscape for employers, particularly those in Texas, by providing new leverage in disputes with OSHA.”
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OSHA Hits Exurban Chicago Firm With $287,000 in Fines for Deadly Fall Exposure

  • Crystal Lake, Illinois-based  595 Construction LLC has been cited by OSHA inspectors and hit with $287,000 in fines for allegedly repeatedly exposing workers to potentially deadly falls at worksites, the agency said Wednesday.
  • That was after inspectors found the company’s employees framing a residential structure without required protections three times at residential worksites in the same neighborhood in May 2024.
  • 595 Construction received one willful violation, four repeat and three serious violations.
  • The eight violations are the latest for the company, which was cited for similar safety violations in 2022 and 2023.
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Michigan OSHA Makes Grants for Safety Training in High-Risk Industries

  • Michigan’s OSHA, or MIOSHA, has made $870,000 in grants available to 18 local organizations to bolster high-risk industry workplaces’ safety and health.
  • The funding targets safety resources for SMBs in healthcare, construction and manufacturing.
  • The grants aim to address critical health and safety issues, including silica exposure control and mental health awareness, according to the agency’s announcement.
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