OSHA watch
DOL Secretary nominee
In a somewhat surprising announcement, President-elect Donald Trump has nominated outgoing Republican congresswoman Lori Chavez-DeRemer to be the DOL secretary. The Teamsters have publicly supported her and she co-sponsored a bill in Congress that had pro-union initiatives. A confirmation hearing will take place after January 3, 2025.
Final construction PPE rule sent to OIRA
The draft final rule to mandate that construction employers ensure workers have properly fitting personal protective equipment (PPE) is undergoing a final review by the White House Office of Information and Regulatory Affairs (OIRA). Even if the agency manages to enact the policy before the end of the Biden administration its future is unknown under the Trump administration.
Long-delayed infectious disease proposal submitted for OMB review
After almost a decade, the proposed infectious disease standard for healthcare facilities and other "high-risk" environments was submitted to the White House Office of Management and Budget (OMB) for review on November 8. OMB review typically takes 90 to 120 days, followed by publication in the Federal Register, and a public comment period.The rule's progress will likely stall after President-elect Donald Trump takes office.
Comment period extended for Heat and Illness Prevention standard
The proposed "Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings" rule's comment period has been extended to January 14. It's uncertain how a new OSHA team will handle the proposed rule.
Decline in workplace fatality investigations
The DOL reported 11 percent fewer workplace fatality investigations in the most recent fiscal year, dropping to 826 from 928, the lowest number of worker fatalities, excluding those related to COVID-19, that the agency has investigated since 2017. There were significant decreases in the number of fatal injuries from trench collapses and falls, two of the leading causes of death among construction industry workers.
Top five penalties for FY 2024
MDLG Inc. (operating as Phenix Lumber Co.), Phenix City, AL
Amount: $2.5 Million
Business Type: Sawmill
Inspection trigger: Fatality
Citations: 15 willful violations, five serious violations, and one repeat violation
Wagner Construction Inc., Minot, ND
Amount: $1.9 Million
Business Type: Water and sewer line construction
Inspection trigger: Planned
Citations: 16 repeat violations and one serious violation
Florence Hardwoods LLC, Florence, WI
Amount: $1.3 million
Business Type: Sawmill
Inspection trigger: Fatality
Citations: 16 serious, eight willful, and four repeat violations
Giant Construction Corp, Barrigada, Guam
Amount: $1,038,918
Business Type: Water and sewer line construction
Inspection trigger: Planned
Citations: Nine willful and two serious violations
Florenza Marble & Granite Corp., Chicago
Amount: $1,019,096
Business Type: Cut stone and stone product manufacturing
Inspection trigger: Referral
Citations: Ten willful and 11 serious violations
(Note: Dollar amounts may be reduced as part of a settlement agreement or litigation.)
Atlanta Region renews Regional Emphasis Programs on powered industrial trucks and noise
The REPs cover powered industrial trucks and noise hazards in Georgia, North Carolina, South Carolina and most of Florida (excluding the Panhandle). The REPs are set to expire in November 2028.
The office also renewed Local Emphasis Programs concerning policies and strategies for programmed construction inspections and scheduling programmed inspections of federal agency sites.
Beat the Heat winners
The winners of the Beat the Heat photo contest, a national competition aimed at raising awareness of the dangers of heat exposure, captured images of programs to work safely in the heat. Check them out.
Nevada adopts regulations to protect workers from extreme heat
The Nevada Division of Industrial Relations of the Department of Business and Industry has passed a regulation, "imposing certain duties on employers of employees who are exposed to certain hazardous conditions that may cause heat illness."
MSHA: Combating opioid use in mining: New guide from MSHA and NIOSH
A new resource guide from the Mine Safety and Health Administration (MSHA) and NIOSH offers effective workplace solutions to prevent opioid use disorder in the mining industry.
State Plans
Cal/OSHA
Separate heat standard for correctional facilities
The agency is finalizing a draft industry-specific regulation with state prison officials to propose indoor heat safety rules for correctional institutions, which were excluded from heat standards covering all other employers adopted in July. When completed, it will be posted on Cal/OSHA's website, and an advisory committee meeting will be announced to solicit comments.
Board backs advisory panel for autonomous farm vehicle rules
The standards board is launching an advisory committee that will weigh amending state safety rules to eventually allow deployment of certain types of autonomous agricultural equipment, which is opposed by labor advocacy groups.
MIOSHA
Fall fatalities increase in 2024
Fatal falls have accounted for 32 percent (10) of the 31 fatalities investigated this year in contrast to 19 percent of the 36 (7) fatalities in 2023. Employers are reminded of the free resources on fall prevention.
Appeals court upholds safety citations, affirming use of incident reports
In JBS Plainwell Inc v Occupational Safety and Health Administration, the Court of Appeals affirmed a decision involving safety citations against a meat-processing facility after years of legal challenges related to enforcement actions. The ruling is significant because the court determined field narratives that include statements, observations, and physical evidence collected after incidents, qualify under Michigan Rules of Evidence (MRE) as admissible evidence.
MNOSHA
Grants available to expand apprenticeship
Interested in starting or expanding an apprenticeship program at your business? Grants are available. Learn more and apply for a grant.
Workplace injury and illness rate falls
According to the 2023 annual Survey of Occupational Injuries and Illnesses, the state had an estimated 2.9 OSHA-recordable, nonfatal, workplace injuries and illnesses per 100 full-time-equivalent (FTE) workers in 2023; the estimated rate for 2022 was 3.8 cases per 100 FTE workers. The rate is slightly above the national average of 2.7. The industries with the highest total injury and illness rate were state hospitals (17.7 cases per 100 FTE workers), private industry couriers and messengers (13.9), and state police protection (13.1).
Recent fines and awards
Illinois
- 595 Construction LLC, a Crystal Lake contractor with a history of exposing employees to fall hazards, was cited for one willful, four repeat, and three serious violations and the company faces $287,465 in fines. The citations related to fall protection and ladder use.
Michigan
- A Grand Rapids window cleaning and holiday lights installation company, Absolutely Clean Services Inc., must pay $29,210 in civil penalties for employing three children to complete dangerous tasks, including one in which a child suffered serious injuries when they fell from a roof.
Minnesota
- Smithfield Packaged Meats Corp. has entered into a consent order and will pay a $2 million administrative penalty to resolve a child labor compliance order.
New York
- A Syracuse iron foundry, Frazer & Jones LLC, faces four willful, 13 repeat, seven serious, and three other-than-serious violations and was assessed penalties of $990,186. In 2021 the company had reached a settlement to correct 60 violations but failed to implement proper safeguards. The citations, which are being contested, related to exposing employees to the risks of fire and explosion, thermal and chemical burns, falls, and other hazards.
- The Occupational Safety and Health Review Commission affirmed two violations and vacated one against a Rochester commercial roofing company, Elmer W. Davis Inc., over the lack of fall protection for workers on a four-story roof. As part of its defense, the roofing company had argued employee misconduct had contributed to the alleged violations and that OSHA had violated the company's constitutional protection against unreasonable searches and seizures, both of which the judge dismissed.
Pennsylvania
- Red Lion Controls Inc., a York manufacturing company, faces a whistleblower suit alleging the company wrongly terminated an employee who raised safety concerns when directed to use a ladder to move stock items when he believed a forklift would be safer.
- A petition was filed in federal court to force the U.S. Postal Service in New Salem to comply with the subpoenas issued in a whistleblower complaint regarding safety hazards involving an assigned vehicle and a work-related injury.