(937) 223-6003

Gary W. Auman

Library Date

Emergency Action Plans

Having an Emergency Action Plan (EAP) is a very important part of any safety program. But, what is an EAP and why do you need one? Second question first. If you are in the construction industry (governed by the OSHA 1926 standards you are required to have an...

Read More »
2018/12/10

Updates: Post-Incident Drug Testing, Workplace Safety Incentive Programs, California Proposition 65

On October 11, 2018, the Occupational Safety and Health Administration issued a memorandum clarifying its position on post-incident drug testing and workplace safety incentive programs. I have already seen several interpretations of this new guidance from OSHA...

Read More »
2018/11/21

Heat Illness Prevention

As we move into the summer months it is time for all contractors to consider implementing a heat illness prevention program. There have been increasing reports of heat illnesses in the workplace. Employees, who work in a high heat index environment, are vulnerable to various heat related illnesses. At their worse, heat illnesses can result in the death of the employee. Back in 2011, OSHA instituted a program to ...

Read More »
2018/07/03

Emergency Action Plans, Hazard-Recognition Training, and Bloodborne Pathogens

Emergency Action Plans
The requirement that companies engaged in construction work have an emergency action plan is not recognized by many post-frame contractors, but it definitely applies to the work that we do. This Occupational Safety and Health Administration requirement is found in Section 1926.35 of the Code of Federal Regulations...

Read More »
2018/07/03

Electronic Recordkeeping, Walking and Working Surfaces, Silica, and More

Electronic Recordkeeping
You may have heard more than you care to hear about electronic records submission. And it’s possible that a number of you have failed to make your electronic submissions to the Occupational Safety and Health Administration either because you think that the standard does not apply to you or because you...

Read More »
2017/11/17

Experienced Leadership Team Positions Firm for Continued Success

As a stalwart downtown Dayton law firm, we have successfully represented leading business clients nationwide for over 32 years. We proudly announce the election of a president and a name change. Gary W. Auman, a well-recognized and respected attorney and partner of the previously named Dunlevey, Mahan & Furry legal services firm, will continue his leadership of the firm in the role of president. As is customary, the firm has changed its name to Auman, Mahan & Furry.

Read More »
2017/11/07

OSHA News Alert

UPDATE: The Occupational Safety and Health Administration has extended the deadline for employers to electronically submit injury and illness data to December 1, 2017.


On May 17, 2017, the Occupational Safety and Health Administration indefinitely delayed the July 1, 2017 deadline for employers to electronically submit injury and illness data. OSHA’s original electronic reporting rule required employers with 250 or more employees, as well as “high risk” industry employers with 20-249 employees, to electronically submit data from their 2016 Form 300A logs to OSHA by July 1, 2017.

Read More »
2017/05/19

General Safety Issues

Hazard Recognition - This is a very important issue for all employers in the construction industry. No, I am not talking about Hazard Communication; that is a completely different topic. I am talking about the recognition of hazardous conditions on the worksite. We conduct ...

Read More »
2017/05/03
OSHA – 2013 Interpretative Letter

OSHA has recently taken action to rescind the February 2013 interpretative letter, also known as the Fairfax memo, which permitted employees at non-union companies to designate a non-employee union representative to accompany an OSHA compliance officer as he/she conducted a site compliance inspection. The Fairfax memo was ...

Read More »
2017/05/03

2016 Electronic Recordkeeping – Anti-Retaliation Rules
The new OSHA anti-retaliation rules became effective after I submitted my last article for Frame Building News. Because these provisions are so critical and have been the subject of so much controversy, I have ...

Read More »
2017/01/13

Your Safety Culture and Safety Program
Before I proceed with the main topic of this article, I’d like to comment briefly on the recent general election and what the results may mean to employers in the area of health and safety. I have the advantage of having been involved with the Occupational Safety and Health Administration for more than 40 years. I have seen...

Read More »
2016/12/08

What is New in Safety and OSHA?- NIA Convention Safety Roundtable
A group of dedicated safety professionals and other individuals with an interest in safety gathered for a roundtable during the NIA Convention in Boca Raton, Florida during the week of April 18th. After discussing the NIA Safety Recognition Program and the STAR Reports, the group turned to ...

Read More »
2016/07/28

Seventh Circuit Court of Appeals Issues Broad Interpretation of OSHA Willful Classification
Two recent decisions by the 7th Circuit Court of Appeals may have an effect of the responsibilities of employers in the jurisdiction of the Court – Indiana, Illinois and Wisconsin. In these decisions the Court has broadened the criterion that is considered by OSHA when considering a willful classification. One decision was...

Read More »
2016/07/28

Ohio Revised Recording and Reporting Occupational Injuries and Illnesses Regulation
The following information is to provide an update on the requirements set forth in OSHA’s commentary on the new electronic reporting rule, otherwise known as, the Revised Recording and Reporting Occupational Injuries and Illnesses regulation. In May 2016 OSHA issued a final rule which revises the Recording and Reporting of Occupational Injuries and Illnesses regulation. This final rule...

Read More »
2016/07/11

Revised Recording and Reporting Occupational Injuries and Illnesses Regulation
The following information is to provide an update on the requirements set forth in OSHA’s commentary on the new electronic reporting rule, otherwise known as, the Revised Recording and Reporting Occupational Injuries and Illnesses regulation. In May 2016 OSHA issued a final rule which revises the Recording and Reporting of Occupational Injuries and Illnesses regulation. This final rule...

Read More »
2016/07/11

New OSHA Confined Space Standard for the Construction Industry
Construction Confined Space Standard – This standard has been in the works for several years. The standard was finally published as a final rule on May 4, 2015 with an effective date of August 3, 2015. Recently OSHA issued a stay of enforcement until October 2, 2015. During this period OSHA will not issue citations to employers making a...

Read More »
2015/07/27

The Gail Miller Recognition Program for Excellence in Safety: Initial Lessons for All Employers
Although many contractors provide some form of safety orientation, few appear to have a program that properly prepares employees for the hazards to which they may be exposed on a construction site. You, the employer, need to...

Read More »
2015/02/18

Distracted Driving and Working and Injury Reporting
How many times to you talk on your cell phone while driving? Do you have a hands free phone? Is it safer to talk hands free than non-hands free? Do you text while you drive? Do you text only when you are stopped at a traffic light or stop sign? Do you talk on your cell phone on the job site?

Read More »
2014/11/10

OSHA Takes a Stand on Texting While Driving
I have spent quite a bit of time over the past several months talking about heat stress and the General Duty Clause. What does that have to do with texting while driving – four words...

Read More »
2014/05/22

The Importance of Determining Roof
When it comes to testing roof integrity, OSHKs industry-standard, fall protection standards 29 C.F.R. 1626.501(a)(2) requires that "the employer shall determine if the walking and working surfaces....

Read More »
2013/12/13

Safety Update: Cold-Weather Injuries

Several months ago I wrote an article concerning the Occupational Safety and Health Administration’s enforcement of the general duty clause against employers for heat-related issues. Within the last two or three years...

Read More »
2013/11/25

Hazard Communication

The first compliance deadline for the new Hazard Communication Standard is fast approaching. All employers are required to have all employees trained on the new label requirements and the safety data sheet (SDS) format by...

Read More »
2013/09/12

Using Transitional Duty to Return Employees to Work After an Injury

As employers, we all strive to avoid work‐related injuries to our employees. We do this because we do not want to see any of our employees injured, but also because of the costs associated with workrelated injuries. Work‐related injuries that lead to...

Read More »
2013/09/12

Consider Safety when Bidding the Job

Safety should be part of every job, no matter how small. Safety is something every contractor should consider as he prepares his bid. There is a cost to safety, but there is an even greater cost to...

Read More »
2013/09/12

How to Develop Effective Training: Part III

In the last article on this topic I identified five key areas to any effective training program. They are:.

Read More »
2013/03/26
How to Develop Effective Training: Part II

In the last article on effective training, we discussed areas of training that are most necessary and which training materials are most appropriate. Now, let’s consider these common questions on training: How you will train for each topic?

Read More »
2013/03/26
Providing a Safe Workplace

Providing a safe workplace is everyone’s concern; it does not matter what the nature of your business is. Failure to provide a safe workplace for your employees can result in...

Read More »
2013/03/26
How to Develop Effective Training: Part I

As with most employers in any industry, you have probably purchased all the necessary personal protective equipment to prevent injuries to your employees and provide them a safe working environment.

Read More »
2013/03/26

OSHA Record Keeping Enforcement

The Occupational Safety and Health Administration adopted a National Emphasis Program (NEP) to address deficiencies in compliance with the OSHA recordkeeping standards. These standards are found at Title 29 Code of Federal Regulations (CFR) §1904.0 et. seq.

Read More »
2013/03/26
Safety Issues in Post Frame Construction

There seems to be quite a bit of confusion among contractors in our industry concerning the issue of fall protection. Many of our members are operating under the mistaken belief that...

Read More »
2013/03/26
Safety Attitude

Your attitude towards safety says a lot about you and your attitude towards the work you do for this company. Here we believe that if you are not taking safety compliance seriously, you are probably not taking the work you do seriously.

Read More »
2013/03/26
Rescission of Interim Guidelines For Residential Fall Protection Final

In December 2010 Dr. Michaels the Administrator of OSHA stated that he was going to rescind the interim guidelines for residential fall protection effective in June 2011.

Read More »
2013/03/26

OSHA - Controlling Employer - New Decision

The Occupational Safety and Health Review Commission (OSHRC) has just issued its decision on review of the Summit Contractors case.

Read More »
2009/08/08
“Update on OSHA
Several issues have been occurring in OSHA over the last few weeks about which you, as a MRCA member.......

Read More »
2008/03/02

Construction Site Safety

Construction site safety begins with the design of the object of the construction and ends......

Read More »
2008/03/02

Safety Net
I have been defending employers on workplace safety issues for over 30 years. I have been...

Read More »
2008/01/04

Landmark OSHA Ruling
In a decision issued on April 27, 2007, the Occupational Safety and Health Review Commission (OSHRC), in a two-to-one majority...

Read More »
2007/05/26

Mold Litigation
With litigation involving asbestos having reached its high watermark, the insulation industry has...

Read More »
2006/02/23
Safety Best Practices #1

This series of articles represents safety practices in use by small and large companies. These...

Read More »
2006/02/23

Safety Best Practices #2
An important step in achieving an effective safety program is to ensure that your employees are...

Read More »
2006/02/23

Safety Best Practices #3
A written safety program is not an option for a company in the construction industry. Although...

Read More »
2006/02/23

Have you been overcharged...?
The Ohio Revised Code provides that medical benefits will be paid in a claim upon a Staff Hearing Officer’s...

Read More »
2005/01/27

Analysis of OSHA Guideline for Residential Fall Protection
In 1994, OSHA issued its long-awaited fall protection standards for the construction industry requiring...

Read More »
2004/09/27

Mold Liability Overview for Insulation Contractors
Mold as a substance has existed for millions of years. Mold has resulted in the discovery of the lifesaving...

Read More »
2004/09/27