The new Interim Final Rule, which was published in the Federal Register on July 1, will take effect on Aug. 1 for violations that occurred after Nov. 2, 2015.
The Occupational Safety and Health Administration’s (OSHA’s) Confined Spaces in Construction final rule, issued May 4, 2015, created confusion in the HVAC industry. ACCA announced that, after months of negotiations with OSHA, an agreement clarifies that the rule has very limited application in the residential HVAC industry.
At a recent International Institute of Ammonia Refrigeration (IIAR) meeting, Mark S. Dreux, a partner and head of the OSHA group at the Washington, District of Columbia, law firm Arent Fox LLP, gave a presentation on how facility personnel can manage the biggest challenges associated with an OSHA inspection.
For the construction industry and affected Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA) contractors, potential silica exposures are found in tasks that include drilling and cutting concrete and stone.
For employers, an increase in OSHA fines could be a costly problem, underscoring the importance of a robust and effective workplace safety policy. However, OSHA’s recent enforcement positions are creating confusion over how to implement an effective safety policy.
The two groups took this action following lengthy discussions on the importance of moving beyond high-GWP (global warming potential) refrigerants used in chillers and consideration of factors, such as the safety of alternatives, the continued improvement of system efficiency, reasonable product development timelines, and the avoidance of market migration. The effective date was negotiated with those factors in mind.
OSHA must make the adjustment before Aug. 1. In subsequent years, OSHA will also be allowed, for the first time, to adjust its penalties based on inflation.
Although the ruling went into effect Aug. 3, 2015, OSHA has agreed to refrain from issuing citations to any employer that is making good-faith efforts to comply with the standard.
Companies can take steps to minimize the chances of workplace violence by understanding what the risk factors are and developing policies to minimize the opportunities for workers to be victims of such conduct. Due to the realities of workplace violence, companies should create policies and procedures for when violence does break out.