OSHA watch
Federal
Recording of vaccine reactions will not be enforced
Quietly, the requirement that employers with mandatory vaccine programs must record vaccine reactions was recently reversed in the question-and-answer section of the website. Noting the importance of encouraging vaccinations, the answer states the agency "will not enforce 29 CFR 1904's recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022."
New guidance from CDC on masking and social distancing being reviewed
As employers wait for updated guidance on workplace mitigation recommendations and the expected COVID-19 emergency temporary standard, the following has been posted on the website:
"The Centers for Disease Control and Prevention (CDC) has issued new guidance relating to recommended precautions for people who are fully vaccinated, which is applicable to activities outside of healthcare and a few other environments. OSHA is reviewing the recent CDC guidance and will update our materials on this website accordingly. Until those updates are complete, please refer to the CDC guidance for information on measures appropriate to protect fully vaccinated workers."
Proposed changes to handrail standard
On May 20, proposed changes to its walking-working surfaces standards (29 CFR §1910.28 and 1910.29) were published to clarify which handrail and stair rail system requirements apply to new stair rail systems (86 FR 27332). As a result of many questions and requests for interpretation of the requirements for handrails and stair rail systems issued in November 2016, the amendment is intended to clarify when handrails are required on stairs as well as what the height requirements are for handrails on stairs and stair rail systems.
The proposal clarifies that a stair rail system with a handrail is required on the open side of certain stairways. It also eases a restriction on previously installed stair rail systems by allowing the top rail of those systems to serve as a handrail when it is as low as 30 inches. It does not intend to require modification to any stair rail system installed before the effective date of a new final rule as long as it was compliant with the rules at the time it was installed.
Comments on proposed changes must be submitted by July 19.
Informal hearing on proposed changes to the HazCom standard
An informal hearing on the Hazard Communication Standard (HCS) will begin Sept. 21, 2021, at 10 a.m., EDT, and will be held virtually using WebEx. If necessary, the hearing will continue from 9:30 a.m. until 5:00 p.m. EDT on subsequent days. Additional information on how to access the informal hearing will be posted on the Proposed Rulemaking to Amend the Hazard Communication Standard webpage.
New resources
State
Cal/OSHA
Fully vaccinated workers do not need to quarantine
A May 5 update to the COVID-19 Emergency Temporary Standard (ETS) FAQs clarifies that employers can follow the California Department of Public Health (CDPH) guidance allowing fully vaccinated employees identified as a close contact of a confirmed positive COVID-19 case to remain in the workplace so long as they are asymptomatic. The ETS requirements related to masks, physical distancing, and testing requirements remain in effect.
CDC guidance under review
Revisions to the ETS are being drafted in light of the CDC guidance regarding fully vaccinated individuals.
MIOSHA
Significant updates to emergency rules; draft permanent rules withdrawn
The update removes the requirement that employers must create a "policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely." It also enables employers to allow fully vaccinated employees to not wear face coverings and social distance provided they have a policy deemed effective to ensure non-vaccinated individuals continue to follow these requirements. Industry-specific rules are eliminated, cleaning protocols updated, temperature check requirements removed although health screening requirements remain in place, and notification and record-keeping requirements are changed. Several other aspects of the rule, including a written COVID-19 preparedness and response plan, designation of "safety coordinators," and employee COVID-19 training remain in place.
Nevada OSHA
Updated guidance on facial coverings and social distancing
Updated guidance indicates that vaccinated workers are not required to wear masks, but that private employers may have policies more restrictive than the CDC guidance. Unvaccinated workers must be provided masks and must wear them in all settings, even when working alone.
Oregon OSHA
Temporary COVID-19 workplace protections extended; Updated requirements on physical distancing and facial coverings
On May 4, a new rule to maintain the temporary COVID-19 workplace protections was extended.
A new statement (Spanish) on the website explains that employers must verify vaccination status of employees and visitors before relaxing mask and distancing requirements.
There is also a specific update for Veterinary practices.
Recent fines and awards
Federal COVID-19
- As of May 24, there were a total of 15,062 complaints and 2,207 referrals, 15,721 of which are closed. Open inspections include 623 complaint-initiated, 1,039 fatality/catastrophe, 189 referral, 120 referral-employer reported, 140 unprogrammed, 135 programmed planned, and 13 program related.
California
- Cal/OSHA fined Foster Poultry Farms Inc. a total of $181,500 for 14 violations following a COVID-19 safety investigation after an employee died of the virus. A staffing company, Human Bees, Inc. was also fined $41,000 and three other staffing agencies were assessed fines ranging from $16,200 to $36,000. Most of the serious violations stemmed from failing to properly communicate, assess, correct and train on COVID-19 workplace hazards.
- As of May 20, 16 companies were cited for COVID-19 related violations during the month of May.
- Three contractors, the Penta Building Group LLC, No Limit Steel, and the Raymond Group Inc. were cited for failing to conduct inspections to discover hazards and failure to train workers on how to recognize workplace dangers and warn them about potential hazards during the construction of Agua Caliente Casino. Just a month after the casino opened, a metal gate near the casino's loading dock collapsed, crushing a 41-year-old construction worker. Combined proposed penalties are $64,169.
Florida
- Following an October 2020 inspection at a Dollar Tree store in Beverly Hills, the company was cited for exposing workers to fire, entrapment, and struck-by hazards, blocked exit routes, and improperly stacked boxes and other materials that might fall and injure workers. Proposed penalties are $265,265. Since 2016, Dollar Tree locations have been inspected more than 300 times.
- A federal administrative law judge has determined that a Bradenton behavioral healthcare center, Premier Behavioral Health Solutions of Florida Inc., operating as Suncoast Behavioral Health Center and its management company, UHS of Delaware Inc., exposed workers to more than 50 attacks in a two-and-a-half-year period when residents kicked, punched, bit, scratched, pulled and used desk scissors as a weapon and that both entities deserve to be sanctioned for destroying surveillance videos showing this workplace violence. The judge assessed a penalty of $12,934 and ordered abatement measures. In addition, the judge ordered the employers to pay $9,600 in attorney's fees as a sanction for the employers' bad faith destruction of relevant video surveillance evidence.
Michigan
- Two Michigan companies, general contractor Adamo of Detroit and SCM Engineering Demolition Inc. of East China, were cited when the Killen Power Generation Station building in Ohio collapsed, killing two workers. Both companies face fines for multiple safety violations on the demolition project, including violations of the general duty clause and failing to inspect the site regularly to detect potential hazards resulting from the demolition process. Adamo faces proposed penalties of $181,724 and SCM Engineering faces penalties of $12,288.
- As of the end of April, 282 citations have been issued under the General Duty Clause for COVID-19 related violations. For a complete list of citations.
New Jersey
- Six contractors were cited for exposing workers to falls, other safety hazards at a Medford luxury home site and face penalties totaling nearly $250,000. Inspected under the Regional Emphasis Program on Falls in Construction, the contractors include Claudio DeSousa, operating as Lifetime Contractor Corp. (PA), Lezinho Sousa, operating as Lifetime Contractor Corp., WSJ Construction, Gustavo Quintomillno, operating as Lifetime Contractor Corp., LWJ Construction LLC, and RMM Contractor LLC.
- Derico Ferreira, owner of Newark-based Trustworthy LLC, pleaded guilty to one count of a willful violation by failing to provide fall protection to employees installing a roof on a two-story home after an employee fell to his death. If the court accepts the plea agreement, the company will be on probation for five years, be required to pay approximately $300,000 in restitution to the estate of the worker and comply with specific training procedures and other conditions to improve safety.
Tennessee
- Roofing contractor, Stover and Sons Contractors Inc., was cited in the death of a 16-year-old boy who fell while working at a Nashville hotel site. The teen, who was employed by a subcontractor, fell to his death when he allegedly tried to jump onto a hoisting device next to the building. Stover received two serious citations, with penalties of more than $10,000 and is contesting the citations. The DOL's Wage and Hour Division also assessed Stover more than $122,000 for alleged violations of child labor provisions of the Fair Labor Standards Act.
Wisconsin
- Xylem Inc., a water technology company in Pewaukee, was cited for exposing employees to walking-working surfaces hazards, failing to provide employees with fall protection before they entered a 100 by 24-foot water-testing pit, and failing to follow specific permit-required confined spaces safety procedures before entering the water test pits. A worker was seriously injured when he fell and struck his head on a support beam as he lowered himself into a nearly 30-foot-deep water test pit. Proposed penalties are $234,054 for one willful and eight serious safety violations.