OSHA watch
Final rule on Injury & Illness Reporting and Recordkeeping goes into effect January 1, 2024
More employers will be required to submit workplace injury and illness information under the Injury & Illness Reporting and Recordkeeping rule issued on July 17. Employers should review their recordkeeping for compliance now as it applies to the next submission deadline of March 2, 2024. For more information see the first article, OSHA's new Injury & Illness Reporting and Recordkeeping rule and Warehousing NEP will impact more employers.
New NEP focuses on workplace hazards and injuries in warehousing and distribution centers and "high-risk retail" establishments
A new National Emphasis Program (NEP) covers warehousing, distribution, mail, postal, parcel delivery, courier services, and a limited number of retail establishments. Employers in the affected industries should review their safety and health programs considering the NEP's focus and educate safety personnel and managers on what to do if OSHA arrives for an inspection. For more information see the first article, OSHA's new Injury & Illness Reporting and Recordkeeping rule and Warehousing NEP will impact more employers.
Proposed rulemaking on construction PPE standard
Unlike the general industry and maritime PPE standards, the construction PPE standard does not clearly state that PPE must fit each construction worker properly. Noting the "failure" of standard-sized personal protective equipment to fit smaller construction workers, especially women, the proposed rule clarifies the existing requirement. The deadline to submit comments and hearing requests is Sept. 18.
Stepped up enforcement of heat hazards
A heat hazard alert was issued reminding employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces. Enforcement will be intensified in geographical areas and in high-risk industries, like construction and agriculture, where workers are exposed to heat hazards.
New resources for heat illness prevention
- "Don't Wait... HYDRATE" Sticker available in English and Spanish. These stickers can be given to workers, placed around the workplace, including on hard hats, and in break areas to encourage drinking cool water.
- Heat Illness Illustrated Fact Sheet shows how heat illness can be prevented and actions to take when workers experience symptoms.
Proposal on worker walkaround representation under White House review
A proposed rule that would revive an Obama administration policy allowing workers to designate someone who doesn't work for their employer, including someone from a union or other organization, to represent them during a "walkaround" inspection, is under review by the White House Office of Information and Regulatory Affairs. The policy was detailed in a February 2013 letter of interpretation, known as the Fairfax Memo.
MSHA announces long-awaited proposed rule on respirable crystalline silica
The Mine Safety and Health Administration (MSHA) has announced a proposed rule on worker exposure to respirable crystalline silica. The rule would lower the Permissible Exposure Limit for silica to 50 micrograms per cubic meter of air over an 8-hour time-weighted average. It also would mandate exposure sampling and free medical surveillance for metal and nonmetal miners, as well as update standards on respiratory protection.
State OSHA
Cal/OSHA
Definition of COVID-19 'outbreak' changed
Previously, a COVID-19 "outbreak" was defined as three or more cases in an exposed group during a 14-day period. This has been changed to three or more cases during a seven-day period.
Employers should prepare for many changes in the fall
Silica Emergency Temporary Standard (ETS): The Standards Board granted, in part, Petition 597, to amend the current regulation on Occupational Exposures to Respirable Crystalline Silica (section 5204) to address the increase in reported cases of advanced silicosis among workers exposed to silica in engineered stone fabrication. It is expected to take three to four months to have a draft proposal. Since the ETS would only be in effect for 12 months, expect the silica ETS to pave the way for permanent rulemaking.
Workplace violence: Five years after releasing the first draft, and multiple public comment periods later, the regulation on Workplace Violence Prevention in General Industry (WPV Standard) finally appears to be nearing the last stages of the rulemaking process. However, the Legislature now seems close to passing its own, more expansive, Workplace Violence Prevention Bill (SB 553). This far-reaching bill takes the workplace violence standard for healthcare employers and largely applies it to all employers in the state (and in some ways goes further). Employer groups are vigorously opposing the legislation. It's likely that either the bill will pass or a standard will be issued and employers will be required to comply with specific workplace violence regulations soon.
Indoor heat illness: The next draft of the proposed Indoor Heat Standard is expected to be issued for the 15-day comment period soon.
Lead: Public comment on the revised draft of the lead standard closed on July 24, 2023.
MIOSHA
Ionizing radiation rules governing the use of radiation
A public hearing to receive public comments on proposed changes to the Ionizing Radiation Rules Governing the Use of Radiation Machines rule will take place on August 16, 2023. Comments on these proposed rules may be made at the hearing, by mail, or by electronic mail until 8/16/2023 at 05:00 p.m.
Agency instructions issued
Issued: June 20, 2023: Combustible Dust National Emphasis Program.
Issued: June 26, 2023: Respiratory Protection Standard, Part 451, Enforcement Policies.
Free training: Verbal diffusion/de-escalation with the difficult individual Aug 16, 9:00 AM - 12:00 PM EDT, Livonia, 33000 Civic Center Dr, Livonia. Register online
MNOSHA
Warehouse Distribution Worker Safety Law
Effective August 2, the Warehouse Distribution Worker Safety law creates new legal requirements for employers and rights for employees in the warehousing and storage, merchant wholesaler, electronic shopping and mail-order houses, and couriers and express delivery service industries. The law applies to any employer that directly or indirectly employs, or has control over the wages, hours or working conditions of either 250 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. More information.
Recent fines and awards
National
- Maersk Line Ltd., a global marine cargo services company, has been ordered to reinstate a seaman and pay more than $700,000 in back wages and damages for firing him in retaliation for reporting workplace safety concerns. The company's policy of requiring workers to notify it before contacting the Coast Guard violated the federal Seaman's Protection Act.
Florida
- The de Moya Group, a construction company, was cited for four serious and one other-than-serious violations related to crane and struck-by hazards after one worker died and another was seriously injured while working on an Interstate 95 bridge expansion project. Proposed penalties are $58,942, which the company has already contested.
- Two Tampa-area Dollar General stores face three repeat, two serious, and three other-than-serious violations and proposed penalties of $342,282 for exposing employees to fire hazards and other unsafe conditions. Since 2017, the company has faced more than $21 million in fines after more than 243 inspections nationwide.
Georgia
- Global transporter, W8 Shipping LLC, was cited for 22 serious violations, one willful violation, and one other-than-serious violation, and faces $379,000 in penalties for allowing unprotected workers to work with automobiles and motorcycles suspended overhead at a Port of Savannah warehouse. It was also cited for violations related to eye protection, industrial-powered trucks, and fall protection.
Illinois
- Martinsville-based Littlejohn Grain Inc. was cited for violating federal grain-handling safety standards by allowing workers to enter grain bins without appropriate protective equipment and failing to properly train workers. The company received citations for two willful, ten serious, and three other-than-serious violations with proposed penalties of $272,957.
Massachusetts
- In a follow-up inspection, Braintree-based Chinese Spaghetti Factory Inc. was cited for repeat violations after inspectors said the business failed to implement measures designed to protect workers from machine hazards. An additional $82,500 in penalties are proposed on top of $108,031 in fines the company previously received relating to safety guards on a dumpling machine's rotating shafts.
- Inspected in response to a complaint, Petco Animal Supplies Stores Inc. of North Andover was cited for exposing employees to live and dead rodents and their droppings and urine as well as electrical and chemical hazards. The company faces two repeat and two serious violations with proposed penalties of $129,473.
Missouri
- Don Gibson, doing business as Missouri Mats, faces 55 violations, totaling $346,954 after a 21-year-old worker who was learning how to operate a Hurdle saw was pulled into the machine and killed. The company was placed in the Severe Violator Enforcement Program (SVEP).
- In a follow-up inspection, BCP Ingredients Inc., a wholly owned subsidiary of Balchem Corp, a chemical plant in Verona was cited for four repeat and nine serious violations related to chemical exposures and electrical hazards with penalties totaling $393,798. The company also received a hazard alert letter for inadequate medical evaluation procedures for workers exposed to ethylene oxide.
Pennsylvania
- Blue Bell-based Concurrent Group LLC was cited for five serious violations and $40,937 in penalties after a utility worker died during a workplace incident in Miami, Florida. The company did not ensure overhead power lines were de-energized before work began.
Wisconsin
- After a worker was severely burned by steam and hot oil, Green Bay-based Sanimax USA LLC was cited for three repeat and 10 serious violations for failing to develop and implement hazardous energy control procedures. Proposed penalties are $296,668.