OSHA watch
Cost-of-living hikes for violations in effect
Based on the annual cost-of-living adjustment for 2022 (1.06222 percent), the maximum penalties for serious, other-than-serious, failure-to-correct, and posting violations increased to $14,502 from $13,653. Failure-to-correct penalties are charged per day unabated beyond the abatement date (generally limited to 30 days maximum).The maximum penalties for willful or repeated violations increased to $145,027 from $136,532.The minimum fine for a willful violation is $10,360.
These penalties were effective January 15 and apply to open inspections. President Biden's Build Back Better proposal, which requires Congressional authorization, would increase the maximum fine for serious citations to $70,000 and willful or repeat violations of OSHA workplace safety rules to $700,000 with a $50,000 minimum.
Reminder: Injury reporting data for certain establishments due March 2; Feb 1 was deadline for posting Form 300A
March 2 is the deadline for establishments with 250 or more employees that are currently required to keep injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses to submit the Form 300A electronically to OSHA, using the Injury Tracking Application (ITA) on OSHA's website.
The annual summary of injuries and illnesses recorded on OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be posted where notices are customarily located in workplaces, between February 1 and April 30.
Focus turns to permanent standards for COVID-19
Now that both the COVID-19 Healthcare ETS (except reporting requirements) and the COVID-19 Vaccine and Testing ETS have been withdrawn, focus is being turned to developing permanent standards. Employers are reminded that the COVID-19 National Emphasis Program (NEP) and the COVID-19 Workplace Guidance remain in effect and that the General Duty Clause and general standards, including the Personal Protective Equipment and Respiratory Protection Standards, will be rigorously enforced.
2021 increase in enforcement activity
As expected, enforcement activity ramped up under the Biden Administration in 2021 and is expected to escalate in 2022 as the budget increased and more inspectors were hired. Inspections rose 12% from 2020 to 2021 and the number of $100,000+ cases rose from 134 to 195. The type and volume of enforcement data and statistics shared publicly also increased. This includes providing daily COVID-19 enforcement and whistleblower data.
Letter of interpretation addresses respiratory protection against COVID-19 for employees with religiously mandated facial hair
On December 16, 2021, a Letter of Interpretation explained other laws may require employers to provide alternative respirators as a reasonable accommodation to employees who maintain facial hair because of a disability or sincerely held religious beliefs, practices, or observances. Additionally, employers can voluntarily provide an alternative respirator to employees who maintain facial hair if the respirator provided is appropriately protective. In either case, the Respiratory Protection Standard does not require the employer to offer alternative respirators to all employees in cases where a limited number request an accommodation.
Alliance provides workplace safety updates for technical guide assessing robot systems
Significant updates to the Technical Manual on Industrial Robot Systems and Industrial Robot System Safety have been made, including up-to-date technical information on the hazards associated with industrial and emergent robot applications, safety considerations for employers and workers, and risk assessments and risk reduction measures.
NIOSH publishes toolbox talk on respirators
Knowing how to select, use and maintain NIOSH-approved respirators can help promote proper respiratory protection practices and protect construction workers from unsafe airborne contaminants, according to a new toolbox talk published by NIOSH and The Center for Construction Research and Training (CPWR).
Stand-Down to Prevent Falls in Construction set for May 2-6
The voluntary National Safety Stand-Down to Prevent Falls in Construction is intended to prevent fall-related deaths and injuries by raising awareness of hazards. All workplaces are encouraged to participate by hosting an event, which can include a toolbox talk or a safety activity such as developing rescue plans, conducting safety equipment inspections, or discussing job-specific hazards. Workers can take the opportunity to share fall or other job hazards with management.
Cal/OSHA publishes COVID-19 ETS resources
In connection with the new Emergency Temporary Standards (ETS) that went into effect on January 14, 2022, the following COVID-19-related resources are available for employers:
- Fact Sheet with Work Exclusion Chart: What Employers and Workers Need to Know About COVID-19 Isolation and Quarantine
- Fact Sheet about ETS: What Employers Need to Know about the New Emergency Temporary Standards
- FAQ: Revisions to the COVID-19 Prevention Emergency Temporary Standards (effective January 14, 2022)
Under the new guidelines, employers are now required to make COVID-19 testing available at no cost and during paid time to workers who were fully vaccinated before coming into close contact with a person with COVID-19. Also, employers must now make weekly testing available during outbreaks and twice weekly during major outbreaks. Workers who test positive must be excluded from the workplace for at least five days, regardless of vaccination status. A worker can return after the fifth day if he or she does not have symptoms and tests negative. If a worker can't test or declines a test, 10 days of isolation are required. Employers should review their policies and protocols, remain aware of local ordinances, and monitor their local health departments for changes to COVID-19 workplace requirements.
Recent fines and awards
California
- An appellate court upheld a safety citation against Atkinson Construction LP for a worker who fell while assisting the building of a freeway bridge.
Connecticut
- An inspection into the death of an employee who was electrocuted found his employer, PM Engineered Solutions Inc. of Waterville, lacked safeguards to protect employees against electrocution, as well as mechanical, chemical, fall, and other electrical hazards. The company was cited for 40 serious and eight other-than-serious violations and faces $236,201 in proposed penalties.
Florida
- Following the heat-exposure-related death of a worker, Earthbalance Corp., a North Point-based environmental restoration firm, was cited for exposing workers to hazards related to high ambient heat and failure to adequately train a person to perform first aid, and ensure they were available to render assistance in heat-related emergencies. The company faces $24,576 in proposed penalties.
Illinois
- A worker at frozen pizza manufacturer, Rich Products Corp. of Crest Hill, suffered a fatal injury while cleaning a machine. The company faces $145,027 in proposed penalties related to lockout/tagout and was placed in the Severe Violators Program. Based in Buffalo, NY the company has a history of violations nationwide.
New Jersey
- Aluminum Shapes LLC will affirm a $1 million penalty and accept 10 willful, 15 repeat, and 55 serious violations and one other-than-serious citation in a settlement agreement to resolve two long-running cases related to a fatality and a series of employee injuries at the company's Delair plant.
New York
- Responding to employee complaints, an inspection found that the Montefiore Medical Center in the Bronx was not doing enough to protect employees from workplace violence in the pediatric emergency center. The violent incidents resulted in worker injuries, including broken bones, bites, and neck, back, shoulder injuries, and days away from work. The Center was cited for one serious violation under the general duty clause, with a proposed penalty of $13,653, and a $3,902 penalty related to injury reporting.
Ohio
- Responding to a complaint that a Findlay auto-parts supplier, Sanoh America, was ignoring guidelines to limit employee exposure to the coronavirus and that several employees were sick, an inspection found the company did not enforce its policy or federal guidelines on social distancing and mask-wearing and failed to report a death in the required time. By Aug. 31, 2021, 88 had tested positive, five employees were hospitalized, and two died. The company was cited for one serious and one other-than-serious violation and proposed penalties of $26,527.
Wisconsin
- At the Abbotsford location of Pomp's Tire Service, a worker mounting a new tire sustained fatal injuries after the tire came loose and struck him. A few weeks later, another worker from the same company suffered a similar fate at a Savage, Minnesota location. The company was cited for one serious violation of standards for servicing multi-piece and single-piece rim wheels and faces penalties of $14,502 for the first incident. The second incident is under investigation by Minnesota OSHA.