Contractors Oppose Walkaround Rule

Walkaround rule faces opposition from contractors

  • The Associated Builders and Contractors filed comments opposing OSHA’s Worker Walkaround Representative Designation Process proposed rule, which would allow employees to choose a third-party representative.
  • These representatives include an outside union representative or community organizer, to accompany an OSHA safety inspector into nonunion workplaces during site inspections.
  • “The Biden administration is trying to revive a failed Obama-era initiative, which was bad policy then and is bad policy now,” said Greg Sizemore, ABC vice president of health, safety, environment and workforce development.
  • The group claims the proposed rule fails to provide clarity in some key areas, including there is no restriction on the number of different third-party representatives who may be present for a single inspection.
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IRS responds to OSHA guidelines

  • The IRS answered questions about eligibility for ERC under partial shutdown in a generic legal advice memorandum (GLAM).
  • Guidelines under OSHA are likely insufficient support for an ERC claim.
  • Even if an employer can pinpoint a government order that cited OSHA as a standard reducing commerce, they must show the impact on their business to be considered an eligible employer.
  • The OSHA guidance did not create additional legal obligations or restrictions on employers.
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OSHA investigating death at FedEx site

  • OSHA is investigating a workplace fatality that recently occurred at the Kingman Airport Industrial Park in Arizona.
  • A Mohave County Sheriff’s spokeswoman said one or more officers were dispatched to the airport, but deferred all questions to OSHA.
  • The Northern Arizona Fire District personnel responded to a call but returned to base when informed the incident was re-branded as an “Alpha Call,” a lower-level emergency not requiring a fire department response.
  • A critically injured male subject was transported to KRMC but was unable to indicate when or where the death occurred.
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El Paso manufacturing company faces fines

  • A workplace safety inspection at a prominent El Paso manufacturing company found the employer willfully exposed workers to the risks of amputation and permanent hearing loss and violated dozens of federal safety and health regulations.
  • The OSHA inspection at Dynamic Tool Co. Inc. identified 58 violations, including two willful safety violations and one willful health violation.
  • The agency issued the willful safety citations because the company did not have machine guards in place to protect workers from the potential for amputations and other injuries related to nip points, rotating parts, and flying chips and sparks.
  • OSHA assessed Dynamic Tool with $596,221 in proposed penalties, amounts set by federal statute.
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