OSHA watch
Update on proposed rules for electronic recordkeeping and COVID-19 Healthcare Standard
The proposed final rule on injury and illness data submission, which amends the Electronic Recordkeeping or E-Recordkeeping Rule, was delivered to the White House's Office of Management and Budget (OMB) on April 7. It requires establishments with 100-plus employees in high-hazard industries to submit injury and illness data from the more detailed Forms 300 and 301 in addition to Form 300A, updates the classification system that determines which industries are covered, and requires establishments to include a company name when submitting data. It's unclear how long the review will take.
There has been little information on the status of rulemaking for a permanent COVID-19 Standard for Healthcare. A proposed final rule generally cannot remain at OMB for longer than 90 days plus an automatic one-time 30-day extension unless the regulating agency requests an extension of the review period. Since the rulemaking is beyond this period, Conn Maciel Carey's National OSHA Practice Group writes, "...reading between the lines here, we think we can infer that OSHA has affirmatively sought to extend the OMB review period. The review period can be extended by the rulemaking agency "indefinitely," so we do not have a new target date to track at this point."
Trench and excavation safety campaign launched in Midwest region
An outreach campaign has been launched in Indiana, Illinois, Ohio, Michigan, Minnesota, and Wisconsin to educate Midwest employers and workers about deadly excavation hazards. In 2022, 311 trenching and excavation inspections were conducted at sites in Illinois, Ohio, and Wisconsin. Six of the inspections followed incidents in which workers suffered fatalities.
'Beat the heat' contest
A national competition for the best tools and resources on the dangers of heat exposure at work, indoors and outdoors, was launched. Open to all industries, the deadline for the contest is June 9.
State plan for Maine certified
A revised State Plan for Maine that covers state and local government workers has been certified.
New resources
New heat prevention monthly newsletter, Heat Source. Signup here.
State Plans -
Cal/OSHA proposes Indoor Heat Standard
A public hearing will be held on May 18 to review the proposed indoor heat illness prevention standard. If approved, the proposed standard will require employers to:
- Establish, implement, and maintain a written heat illness prevention program, which may be part of employers' injury and illness prevention programs.
- Provide fresh, cool drinking water free of charge.
- Maintain cooldown areas.
- Collect temperature and heat index measurements and assess prevention program control measures.
- Develop and implement emergency response procedures for signs and symptoms of heat illness.
- Closely observe employees during heat acclimatization periods.
- Provide employee and supervisor training.
The heat standard to protect outdoor workers was passed in 2006.
Recent fines and awards
California
- Meeder Equipment Co. of Rancho Cucamonga, and its successors were cited a combined $272,250 for serious safety violations following a confined space death of a worker who suffocated in a 10,000-gallon propane gas tank.
- D&D Construction Specialties Inc. of Sun Valley is facing criminal prosecution for the 2016 death of a worker who lost consciousness and fell 15 feet while cleaning a 50-foot-deep, 48-inch-wide drainage sump. The company was previously fined $100,000 for a serious accident-related citation for failure to conduct a hazard inspection before work was performed.
- The Occupational Safety & Health Review Commission (OSHRC) vacated a citation and $19,114 in fines against San Diego-based Raymond-San Diego Inc. after the death of a painter who was crushed by a heavy gate at a casino loading dock. The Commission determined the company properly carried out inspections of the gate and supervisors acted with reasonable diligence.
Florida
- Dollar General continues to incur penalties for blocked exit routes, unsafe stacking of merchandise, and cluttered walkways. The Winter Garden location was cited with one willful violation and two repeat violations, totaling $401,812 in proposed penalties. When the Severe Violators Enforcement Program was expanded in the fall to include repeat offenders, Dollar General was the first to be added under the new criteria. As a result, it is subject to more inspections.
- A federal whistleblower investigation found that Delray Beach retaliated against a city inspector who was fired after finding and reporting faults in the local water system that caused contamination of the public water supply. The city will pay the former inspector $818,500.
- For the sixth time since 2021, Panhandle Guest Design Inc., a Fort Walton Beach framing contractor, was cited for lack of fall and eye protection and other hazards. It faces two repeat violations - failing to ensure employees used required fall protection while performing roofing activities and required eye protection while working with nail guns - and two serious violations - not properly training workers on safe operation of powered industrial trucks and not ensuring employees wore hard hats while conducting framing activities. This initial inspection was followed by inspections at two other worksites, which identified three repeat and two serious violations for not complying with federal safety standards for fall and eye protection. Proposed penalties are $82,500.
- The OSHRC vacated two citations against demolition contractor, Wildcat Renovation LLC, following the September 2020 death of a worker crushed by a concrete wall. The commission ruled the company took proper steps to conduct an engineering survey during the demolition work to ensure the work site would remain safe and the foreman properly monitored the site.
Massachusetts
- A federal administrative law judge has determined that UHS of Delaware Inc. and UHS of Fuller Inc. exposed their employees at Fuller Hospital in Attleboro to workplace violence without adequate protections in 2019, particularly at times when hospital staffing was low. Fuller Hospital is a 102-bed behavioral health facility that provides acute inpatient hospitalization for adolescents and adults. The companies have appealed the trial decision to the full Occupational Safety and Health Review Commission.
New York
- The Amazon fulfillment facility at Castleton faces $15,625 in penalties for failing to provide timely and necessary medical care to at least six employees with head injuries and four with back injuries.
Pennsylvania
- In response to a complaint, inspectors found Dollar General exposing workers to dangerous safety hazards, including blocked emergency exit routes and electrical panels, at the Jersey Shore store. A citation for one willful violation and one repeat violation with $245,544 in proposed penalties was issued.
Rhode Island
- Discount retail giant, Dollar Tree Inc. faces a total of $770,136 in proposed penalties for hazards related to obstructed exits, unsafe storage of materials, fire, and other hazards at its East Providence and Pawtucket locations.
Wisconsin
- At Dollar General in Oconto Falls, inspectors found exit and walkways blocked, boxes stacked unsafely, and electrical violations. It was cited for three repeat violationsand proposed penalties of $257,829.