OSHA watch

Reminder: Injury reporting data for certain establishments was due March 2

March 2 was 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 and Login.gov.

If you missed the deadline, the ITA accepts the Form 300A data through the end of the calendar year (December 31). You must electronically submit the data if you are required to do so. There are exceptions, so it's important to review the criteria to determine if you must submit.

Significantly higher penalties go into effect March 26 under the instance-by-instance citation policy

Every employer should be on notice about the significant expansion of the instance-by-instance (IBI) policy, which in effect creates a multiplier for many fines. The policy isn't new, however, in the past, it was limited to the most egregious violations and was rarely used. Its reach is broad now and includes high-gravity, serious violations in general industry, agriculture, maritime, and construction industries related to falls, trenching, machine guarding, respiratory protection, permit-required confined space, lockout tagout, and other-than-serious violations specific to recordkeeping. Notably, these standards are among the most frequently cited standards.

IBI fines can be leveraged when a standard requires individual control measures, such as per machine/location/employee/entry, and when the instances of violation cannot be lowered by a single method of abatement. For example, if an inspector finds 10 machines without proper guarding, they could issue 10 separate citations, rather than grouping them in one serious violation. The maximum $15,625 fine for a serious workplace safety violation could be multiplied by ten and the employer would face a $156,250 fine.

This is one of the most powerful tools to ratchet up civil penalties and employers should prepare by strengthening efforts to comply with the standards, including recordkeeping and reporting. Multiple recordkeeping violations could mean hefty fines. Since the revised IBI policy increases an employer's liability if an employer accepts a willful or repeat citation, employers should carefully weigh contesting the fines.

State Plans will need to adopt the new or similar criteria within 6 months of the issuance by OSHA.

Emphasis program targets auto parts supplier industry

A new regional emphasis program went into effect February 5, 2023, and applies to the Atlanta East, Atlanta West, Birmingham, Jackson, and Mobile Area Offices. Inspection activity will begin 30 days after outreach and notification letters have been sent "to give employers the opportunity to contact consultation services for an onsite visit." The industry's most common causes of injury are lockout/tagout, machine guarding, and electrical hazards.

More protections for immigrant workers reporting safety violations

The Department of Labor (DOL) gave OSHA new authorities to issue certifications in support of visa applications, for victims of human trafficking and those who voice workplace safety concerns to "help law enforcement detect, investigate and prosecute crimes without fear of retaliation based on their immigration status." Effective March 30, OSHA will have authority to issue 'U' and 'T' visa certifications.

New resources

Opposition to Arizona workplace safety plan withdrawn

The Industrial Commission of Arizona and its sub-agency, the Arizona Division of Occupational Safety and Health submitted a letter during the comment period that the state's plan had completed significant actions to address the concerns identified in the original Federal Register notice. The opposition withdrawal came despite recent reports of a downward trend in Arizona workplace inspections under the state plan's enforcement program since the reports were released after the April 2022 Federal Register notice, according to a press release.

States urge swift action on heat standard

Attorney Generals from California, Illinois, Maryland, Massachusetts, New Jersey, New York, and Pennsylvania have urged swift action to implement national heat standards for indoor and outdoor workers.

Comments on Voluntary Protection Programs (VPP) solicited

The public is invited to submit comments on how to modernize, enhance, and expand the programs. There is a series of ten questions to elicit useful responses. Comments must be submitted by April 14.

Fall Stand-Down

The 10th annual Stand-Down to Prevent Falls will take place May 1-5.

Labor Secretary Walsh leaving post

Walsh, a former union leader and mayor of Boston, will leave his post in mid-March. Deputy Labor Secretary, Julie Su, a former California labor secretary, was nominated to serve as Secretary.

State Plans -

Cal/OSHA - Heat illness case clarifies water requirements

In January 2019, Rios Farming Co. was cited for a repeat-serious violation for not having water as close as practicable for their employees; some workers had to climb through multiple grape trellises to access drinking water. The company appealed and an administrative law judge affirmed the citation in October 2022, with a modified penalty of $27,000. The Department of Industrial Relations Occupational Safety and Health Appeals Board (OSHAB) recently issued a decision, which clarifies that the term "as close as practicable" in terms of providing water to prevent heat illness means that the water must be as close as reasonably can be accomplished to encourage frequent water consumption. The trellises were an obstacle and there were other reasonable options such as providing a jug of water in each row where the employees were working or providing individual water bottles that employees could carry.

MIOSHA - Instructions issued

Appeal and Settlement Process for MIOSHA Enforcement Divisions

Recent fines and awards

Florida

Mad Dog Design and Construction Company Inc. and subcontractors, Big Hammer LLC and Forgotten Coast Crane Service Inc. were cited when a 31-year-old laborer suffered fatal injuries after falling while installing roof trusses at a Tallahassee work site. Penalties related to fall protection and struck by hazards totaled $39,288.

Illinois

A 27-year-old worker suffered a partial amputation of his right leg when a paddle conveyor was left running as he and two other employees entered a soybean bin for cleaning at Topflight Grain Cooperative in Atlanta. The company received four willful and one repeat violation related to guarding and lockout/tagout and faces $629,946 in penalties.

Massachusetts

A Quincy contractor with a long history of violations, The Roof Kings LLC, was again cited for violations related to fall hazards. It received four willful violations, totaling $137,508 in proposed penalties.

Missouri

U.S. Engineering Services, a Kansas City-based mechanical contractor, faces $197,642 in penalties for three serious and two repeat violations relating to electrical hazards, hazard assessments, and lockout/tagout. A fourth-year apprentice heating, ventilation, and air conditioning technician was electrocuted after contacting energized parts while repairing HVAC equipment.
A Lone Jack cattle processing plant, ZMDR LLC, operating as Republic Foods, was cited for the seventh time since March 2020 for safety violations. The company faces two willful, four repeat, and seven serious safety and health violations for exposing workers to hazardous levels of carbon dioxide, slip, trip, and fall hazards, and machine guarding. Proposed penalties are $573,913.

New Hampshire

Ridge Runner Construction, a Derry contractor, was cited again for exposing workers to fall hazards, failing to provide effective fall protection training, not ensuring proper anchorage for lifelines, and not having a competent person inspect both worksites to identify and correct hazards. The company faces willful, repeat, and serious safety violations, carrying $234,741 in proposed penalties.

New York

ALJ Home Improvement Inc. of Nanuet was cited for failure to provide workers fall protection, despite two deadly falls since 2019. Citations were issued for eight violations, four willful and four serious. Penalties of $687,536 are proposed for lack of fall and head protection and violations of multiple standards. The inspection was part of the Local Emphasis Program on falls in construction.
Three more Amazon warehouses, including one in Castleton, were cited for not providing workers a safe workplace under the General Duty Clause. Investigators found Amazon exposed warehouse workers to a high risk of low back injuries and other musculoskeletal disorders. Proposed penalties at the Castleton, Aurora, CO, and Nampa, Idaho facilities are $46,875.

Pennsylvania

A Lehigh-Valley tree service company, which operates as both Adam's Tree Service and Adam's Tree Removal and Trimming, was cited for 10 serious safety violations when a 17-year-old worker suffered fatal injuries after he was pulled into a woodchipper at a work site near Allentown. Proposed penalties are $124,987.

Virginia

The US Postal Service received one serious and one repeat violation for failing to provide running water and a usable bathroom at a Chesapeake facility for more than a month. Proposed penalties are $13,840.

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