OSHA to find more clarity for workers
- The Dept. of Labor proposed a rule to revise the current test for determining whether an individual is an employee pursuant to the Fair Labor Standards Act, or an independent contractor.
- There is a six-factor test to determine whether a worker is “economically dependent” on an employer that centers around the worker’s opportunity for profit or loss depending on managerial skill and investments.
- The test determines the degree of permanence of the working relationship and the nature and degree of control over whether the employer sets the worker’s schedule
- The Labor Dept will also consider the extent to which the work performed is an integral part of the employer’s business and the skill/initiative of workers who use specialized skills brought or is dependent on training.
Oregon hospital granted OSHA extension for safety
- Oregon State Hospital was granted a second extension to correct worker safety violations after being cited and fined by Oregon OSHA.
- The deadline for correcting the three citations was originally extended to early November, but the hospital made another request for an extension, which Oregon OSHA approved and scheduled for February.
- Oregon State Hospital was cited for one willful and two other-than-serious violations, issuing a penalty of $54,180.
- The hospital did not appeal the citations and already paid the penalty.
Contractor sentenced for bribery
- Tony Ren, of Philadelphia, was sentenced to three months in prison, one year of supervised release, and was ordered to pay a $50,000 fine after being convicted of two counts of bribery.
- Ren was convicted at trial of attempting to bribe an OSHA officer in order to induce the official not to report safety violations at a Philadelphia construction site and to eliminate previous safety violations.
- The OSHA official conducted an inspection of a worksite on Arch Street in response to an imminent hazard report.
- During the inspection, OSHA found numerous violations including debris in passageways, electrical issues, holes in the floor, and gas tanks with broken pressure gauges.
Guidance for religious facial air, use of respirators
- A lawsuit alleges a pair of emergency transport companies discriminated against employees with disabilities and religious needs when it forced them to shave to keep their jobs.
- OSHA has guidance on this issue and said that negative pressure respirators cannot be properly worn over facial hair.
- The agency pointed out that OSHA does not require EMTs to use negative pressure or tight-fitting respirators.
- EEOC said an employer may bar an employee’s religious dress or grooming practice due to workplace safety, but only if failing to do so would “pose an undue hardship.”