OSHA watch
New rule published to allow union or another third-party representative on walkaround
A proposed rule would allow workers to designate someone who doesn't work for their employer, including someone from a union or other organization, to accompany an inspector into nonunion facilities to represent them during a "walkaround" inspection. This revives an Obama administration policy, which was implemented through a 2013 letter of interpretation known as the "Fairfax Memo." Strongly opposed by the business community, which was concerned it would boost union organizing, it was rescinded by the Trump administration in 2017.
The new proposed rule goes even further than the 2013 memo, which contemplated only non-employees assisting in the inspection if they were an industrial hygienist or a safety engineer. The proposed rule clarifies that employees may authorize an employee or a non-employee if the compliance officer determines "the third party is reasonably necessary to conduct an effective and thorough inspection." Examples given include third-party interpreters, worker advocacy organizations, labor organization representatives, consultants, or attorneys. Comments on the proposed rule are open through October 30.
Comment period on possible heat standard extended; new document provides insights into elements of the standard
The comment period on a proposed rule aimed at protecting workers from extreme heat exposure in indoor and outdoor settings has been extended to December 23. A Small Business Regulatory Enforcement Fairness Act (SBREFA) panel review was recently convened to gain input from small entity representatives on its potential impacts. The deadline was extended to allow additional time for interested stakeholders to submit comments on the SBREFA materials.
New document outlines elements of the standard
A new document provides employers with an outline of what the standard may look like. It also can be helpful to understand what may be involved in a heat illness or injury inspection.
New videos aim to help employers support workers' mental health
Three new, short videos are aimed at helping employers support their workers' mental health.
New resources for working in heat
- Developed in partnership with the National Oceanic and Atmospheric Administration, a new, one-page infographic encourages workers to work safely in the heat. It will be translated it into multiple languages.
- Looking for ideas to improve your heat prevention program? Check out the winners of the Beat the Heat contest.
- The National Institute for Occupational Safety and Health (NIOSH) offers a free training program online, Keeping Cool: Training to Reduce Heat Stress Incidents, which is designed to promote better understanding of heat illness for those working in underground mines.
Newsletter now available in Spanish
The first issue of a new Spanish-language newsletter Información Rápida (Quick Information) covers whistleblower protections, how to file a complaint, and family support. It's distributed twice monthly. Sign up here.
Chemical Safety Board (CSB) releases report and urges changes to PSM standard
CSB renewed its call to "broaden" the PSM standard "to cover reactive hazards resulting from process-specific conditions and combinations of chemicals," as well as hazards from self-reactive chemicals. It made 15 recommendations in a recently released final report on a deadly December 2020 chemical explosion at the Optima Belle facility in Belle, WV. It also details six safety recommendations for the industry.
Court affirms authority to set workplace safety standards
Allstates Refractory Contractors LLC, a Waterville, Ohio-based company that faced numerous citations challenged the agency's authority to set "reasonably necessary or appropriate" workplace safety standards, claiming it violated the U.S. Constitution's nondelegation doctrine. The 6th U.S. Circuit Court of Appeals in Cincinnati affirmed a district court ruling that the agency was within its designated authority to regulate safety in the workplace.
State OSHA
Cal/OSHA
Moves closer to vote on indoor heat illness standard
On August 4, 2023, the Standards Board (OSHSB) issued its notice to amend the existing Title 8 of the Code of Regulations to add section 3396, heat illness prevention in indoor places of employment and opened the 15-day notice comment period, which ended on August 22, 2023. According to the national labor law firm, Fisher Phlllips, the latest proposal scales back some of the troubling requirements that existed in prior versions, including exceptions where employees are present indoors for brief durations, dealing with conflicting regulations when employees work indoors and out, clarifying definitions of "clothing that restricts heat removal" and "cool down area," recognizing integrated training under both outdoor and indoor heat illness standards, and exceptions for vehicles with effective and functioning air conditioning.
According to the firm, two main challenges remain for employers. The first will be the requirement that employers measure the temperature and heat index when the temperature reaches 87 degrees Fahrenheit (or 82 degrees Fahrenheit where employees wear clothing that restricts heat removal or work in a high radiant heat area). The second will be the rigid hierarchy of control measures required when the temperature reaches these thresholds.
Expands presence in the Central Valley, Inland Empire, and Central Coast
The Division is setting up temporary satellite offices and is in the process of establishing permanent office locations in:
- Regional Office in Fresno
- High Hazard Office in Fresno
- District Office in Santa Barbara
- District Office in Riverside
MIOSHA
Heat Illness Prevention State Emphasis Program renewed
Launched in July 2022, the Heat Illness Prevention State Emphasis Program led to 59 heat-related enforcement inspections and provided 179 consultation and education assistance visits to employers to raise heat illness awareness in the first year. It was renewed for one year on July 27, 2023.
Agency instructions issued
Issued: July 10, 2023: Accident-Incident, Hazard, and Near-Miss Reporting Procedures for MIOSHA Staff.
Issued: July 10, 2023: Confined Space and Tunnels Under Construction Entry for MIOSHA Personnel.
MNOSHA
Nursing Home Workforce Standards Board
The Nursing Home Workforce Standards Board, which was created during the 2023 legislative session to set minimum standards necessary to protect the health and welfare of nursing home workers, will conduct its first meeting at 2 p.m., Sept. 14, and has appointed an Executive Director. Visit the Nursing Home Workforce Standards Board webpage for more information.
Recent fines and awards
California
- Flying Food Group, an Inglewood-based airport catering company, was cited for more than $1.2 million for failing to timely rehire 21 employees who had been laid off during the COVID-19 pandemic once the caterer increased its business operations, and began hiring staff.
Florida
- A Miami excavation contractor, Downrite Engineering Corp., was cited for 18 serious violations with penalties of $258,935. The inspection determined the death of a 48-year-old diver, who drowned while removing debris in a canal in 8 feet of murky water, could have been prevented by having required rescue procedures in place.
Illinois
- A federal suit has been filed against a Waukegan roofing contractor, ECS Roofing Professionals Inc., that refused to pay $360,531 in penalties for repeatedly exposing employees to falls from elevations, even after the citations were upheld by the Occupational Safety and Health Review Commission (OSHRC).
- A Peoria dentist, Dr. Monzer K. Al-Dadah LLC, was ordered to pay $20,000 in back wages for unlawfully terminating a long-term dental assistant who complained about the risk of coronavirus infection, refused a work assignment believed to be a risk for contracting coronavirus, and discussed workplace safety issues with coworkers.
Michigan
- Victory Inn and Suites of Ann Arbor faces the maximum penalty allowed under law following a fatal carbon monoxide poisoning of a maintenance worker. US 23 Lodge LLC, which operates Victory Inn and Suites, received six serious citations and two willful-serious citations totaling $155,600 in penalties. The employer was deemed a "severe violator" and will be referred to the Attorney General's office for possible criminal charges.
Missouri
- Twice within two months, inspectors observed Cheltenham Construction Services (CCS) exposing employees to deadly fall hazards as they performed siding and roofing work and eye and face hazards when using pneumatic nail guns in Lake St. Louis and O'Fallon. The company was cited for two repeat and two serious violations and proposed penalties of $334,618. Since 2015, it has been cited seven times for fall protection violations.
National
- A settlement agreement has been reached with Dollar Tree and Family Dollar to conduct a comprehensive, nationwide assessment of the root causes of the violations repeatedly cited at multiple stores, with a plan to identify causes and make operational changes to correct them within two years. In the meantime, to ensure prompt abatement of any future violations related to blocked exits, access to fire extinguishers and electrical panels, and improper material storage at stores nationwide, the companies must correct hazards within 48 hours of notification and later submit proof the hazards were corrected. Failure to do so subjects the companies to monetary assessments of $100,000 per day of violation, up to $500,000, as well as inspection and enforcement action.
New York
- OSHRC upheld citations of $50,000 against a former contractor, WSC Group LLC, for willfully exposing workers to dangers that led to a deadly trench collapse and ordered the company to no longer perform construction work. A criminal case against the owner led to his conviction for criminally negligent homicide and other charges in March 2023.
- An agreement has been reached with Rite Aid Corp. to implement a program to better protect employees, including front-end customer service staff, against hazards related to bloodborne pathogens at all its approximately 370 stores in New Jersey and New York. The agreement arose out of an investigation at a Niagara Falls store after an employee was instructed to clean up spilled blood following a customer injury but was not offered a hepatitis B vaccine and the company did not have an appropriate exposure control plan.
- An OSHRC administrative law judge affirmed a serious fall-protection citation against a Rochester roofing company, Elmer W. Davis Inc., that failed to adequately warn employees of conditions that led to a serious fall injury. The judge found that placing plywood over a depression in a roof at a warehouse in Rochester did not sufficiently warn workers that the area was unsafe.
Pennsylvania
- A Wilkes-Barre roofing contractor, Avila's Roofing LLC, was again cited for exposing employees to falls. The company received two willful and two serious safety violations and one other-than-serious violation, which carry $328,143 in proposed penalties.
- Bethlehem-based Buzzi Unicem USA, which operates as River Cement Sales Co., was cited for five serious violations after an employee fell from a barge into the Mississippi River and died. Proposed penalties are $62,500.
Wisconsin
- An amputation injury at a prominent Neenah manufacturing plant of art supplies, Dixon Ticonderoga Co., led to an inspection that revealed inadequate machine safety procedures and guarding. The company was cited for two repeat and four serious violations and proposed penalties of $203,806.