Federal Employment Law Update – November 2018

Alaska Employment Law Update – November 2018
November 5, 2018
Massachusetts HIRD Form is Due November 30
November 5, 2018

Federal

OSHA Top 10 Most Frequently Cited Standards

On October 23, 2018 at the National Safety Council (NSC) Congress and Expo, the federal Occupational Safety and Health Administration (OSHA) announced the preliminary top 10 most-frequently-cited workplace safety violations for 2018:

  1. Fall Protection — General Requirements (29 C.F.R. 1926.501): 7,270 citations
  2. Hazard Communication (29 C.F.R. § 1910.1200): 4,552 citations
  3. Scaffolding (29 C.F.R. § 1926.451): 3,336 citations
  4. Respiratory Protection (29 C.F.R. § 1910.134): 3,118 citations
  5. Lockout/Tagout (29 C.F.R. § 1910.147): 2,944 citations
  6. Ladders (29 C.F.R. § 1926.1053): 2,812 citations
  7. Powered Industrial Trucks (29 C.F.R. § 1910.178): 2,294 citations
  8. Fall Protection — Training Requirements (29 C.F.R. § 1926.503): 1,982 citations
  9. Machine Guarding (29 C.F.R. § 1910.212): 1,972 citations
  10. Eye and Face Protection (29 C.F.R. § 1926.102): 1,536 citations

OSHA publishes this list to alert employers about commonly cited standards so they can take steps to find and fix recognized hazards. Of note, the only new violation for 2018 is the eye and face protection category. Last year, in 10th place was electrical, wiring methods, components and equipment, general industry (29 C.F.R. § 1910.305).

See the NSC announcement and OSHA page where the top 10 is annually posted (to be updated for 2018)

Proposed Rule Making on FLSA Tip Regulations

In October 2018, the U.S. Department of Labor released its Fall 2018 Regulatory Agenda, which included a Notice of Proposed Rulemaking (NPRM) on the federal Fair Labor Standards Act (FLSA) tip regulations. According to the agenda, “in the fiscal year 2018 Consolidated Appropriations Act, Congress amended multiple provisions of the FLSA with respect to an employer’s use of its employees tips and additionally provided that portions of the Department’s 2011 rule regarding tips shall have no further force or effect until any future action taken by the Department. In this Notice of Proposed Rulemaking, the Department will align its regulations with the recent statutory changes.”

The NPRM should be released later this month.

See the agenda

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