OSHA watch
Reminder: deadline for electronic illness and injury reporting approaching
Certain establishments must electronically submit information about recordable injuries and illnesses entered on their previous calendar year's Form 300A Summary of Work-Related Injuries and Illnesses, Form 300 Log of Work-Related Injuries and Illnesses, and 301 Injury and Illness Incident Report through the secure Injury Tracking Application (ITA). The deadline for electronically submitting is March 2. The reporting requirements significantly changed this year, so it's important to understand the deadlines and rules associated with the forms to ensure compliance. Establishments covered by an approved State Plan should directly contact their State Plan.
Penalties increase by 3.2 percent
Effective January 16, the legally mandated annual increase in penalties took effect. The maximum penalties for willful or repeat violations increased to $161,323 from $156,259 in 2023 and the minimum fine is $11,524 up from $11,162. The maximum fine for serious, other-than-serious, failure-to-correct, and posting-requirement violations is increasing to $16,131 from $15,625. While other-than-serious and posting-requirement violations can have a $0 penalty, the minimum penalty for serious violations is $1,190 per violation. Failure to abate penalties are $16,131 per day beyond the abatement date and generally limited to 30 days maximum.
The penalties will apply to all citations issued beginning January 16, including all inspections opened before January 16 that have not been closed.
Inspection Facts for FY 2023
- There were 34,229 inspections, an increase of 7.3 percent from FY 2022 and the highest number since FY 2016.
- 65 percent of the inspections resulted in citations and 85 percent of the citations were "serious" or worse.
- There were 46,347 total violations, including 33,750 serious, 2,858 repeat, and 605 willful. The number of willful violations shattered the record for the most in a year.
- There were 391 citations with penalties of $100,000 or more. This was almost three times the number in 2020 (134) and was double the number in FY 2021 (195).
Source: Conn Maciel Carey LLPOSHA Defense webinar
Region 2 launches tree, landscaping enforcement program
A regional emphasis program (REP) to reduce worker fatalities and injuries in the tree and landscape services industries was launched in New Jersey, New York, Puerto Rico, and the U.S. Virgin Islands on January 11. Focused on dangers that include amputations, falls, noise, and electrical and struck-by injuries, the program will begin with an initial and ongoing outreach to employers, employees, and stakeholders to raise their awareness. After the first three months of outreach, targeted safety and health inspections of tree trimming and removal, landscaping services, and site preparation contractors will be conducted to assess employer compliance, aiming to reduce employees' exposure to hazards.
The REP is scheduled to run through fall 2028.
New fact sheet on mental health
Available in English and Spanish, the fact sheet outlines the effects of stress, traumatic events, and substance use disorders on a worker's mental health. It also touches on suicide, listing ways to contact crisis counselors.
State Plans
Cal/OSHA
Isolation requirements for COVID-19 cases drastically reduced
On January 9, the Department of Public Health (CDPH) issued a new order impacting COVID-19 isolation periods and testing requirements, which immediately impacted the Cal/OSHA's COVID-19 Prevention Non-Emergency Regulations. The definition of "Infectious Period" was changed and non-healthcare employees with asymptomatic cases are no longer required to be excluded from the workplace. Employees with confirmed cases can return within 24 hours of symptom onset under certain conditions. For non-symptomatic COVID-19 cases, there is no longer a five-day isolation period, but wearing a mask and avoiding contact with people at higher risk for severe COVID-19 for 10 days is required.
The CDPH no longer recommends testing for all close contacts, and instead recommends testing only when a close contact (1) has new COVID-19 symptoms, (2) is at higher risk of severe disease, or (3) has contact with people who are at higher risk of severe disease. Testing, however, is still required during an outbreak.
MIOSHA
National Warehousing Safety Emphasis Program adopted
On December 12, 2023, the federal NEP on Warehousing was adopted. Distribution centers, mail processing centers, couriers and express delivery services, and local messengers are covered under the NEP, but it does not cover U.S. Postal Service processing and distribution centers as federal OSHA has jurisdiction over those facilities in Michigan.
Agency instructions updated - construction
Effective January 3, these standards were updated:
- Construction Standard (CS) Part 9, Excavation, Trenching, and Shoring-
- Construction Standard (CS) Part 26, Steel Erection
Upcoming Training Institute programs
MNOSHA
Quarterly Safety Lines newsletter available
Topics covered in this newsletter include:
- Minnesota OSHA 2023: The year in review
- Update: Minnesota OSHA rulemaking
- Pay extra attention to threat of carbon monoxide during the winter
- Free construction seminar
- Recent news releases report injury and illness data, fatalities
- Two new statutes affecting select industries for MNOSHA enforcement
- Arthur E. McCauley Jr. Award nominations accepted through March 30
- Reminder: 2023 Form 300A data submissions due by March 2
Ergonomic statute in effect
As of January 1, provisions of an ergonomics statute (Minn. Stat. § 182.677) are in effect. Covered industries include hospitals, skilled care facilities, outpatient surgical centers, meatpacking sites, and warehouse distribution centers. This statute requires covered employers to develop a written ergonomics program, annually evaluate the program, train employees, involve employees, and maintain certain records. For details
Answers to frequently asked questions
Recent fines and awards
Florida
- Bradenton-based TruScapes Industries Inc. was cited for one willful violation for not having a rollover protection system in use and for allowing employees to operate a mower on a steep slope and one serious violation for not providing potable water for drinking. A 36-year-old mower operator drowned when the mower rolled over in a pond, pinning the worker underwater. Proposed penalties are $166,305.
- All Phase Roofing of Lake Park was cited for three repeat violations related to fall protection of workers and three serious violations related to ladders and stair railings. Proposed penalties are $159,117. In addition, Lennar Homes received one serious violation for failing to have a competent person inspect the worksite to ensure employees have the proper safety equipment and that all stairwells inside the structure had stair rails. Proposed penalties are $8,929.
Georgia
- A global electric vehicle battery manufacturer, SK Battery America Inc., was cited with six serious violations and one other-than-serious violation for exposing workers at its Commerce plant to unsafe metal and noise hazards. Proposed penalties are $75,449.
Illinois
- Following a complaint, manufacturer, Walker Midwest LLC, was cited for failing to guard industrial equipment, develop a lockout/tagout program, and train workers on machine safety procedures, exposing workers to amputation hazards at its Itasca plant. It was cited for one willful and 13 serious violations with proposed penalties of $298,453.
- Miller Building Systems LLC., a roofing contractor cited previously more than 20 times, was twice found exposing employees to falls as they did residential framing work on houses under construction in Savoy. The company received three willful and four serious violations and $278,452 in penalties due to both inspections.
Massachusetts
- Stoughton-based LMA Services Co. was cited for one willful violation for failing to adequately protect its employees from struck-by and caught between hazards and one other-than-serious violation for delaying providing injury and illness records after being subpoenaed. A construction worker was killed when struck and pinned by a track loader handling crushed stone on uneven ground. The company has contested the citation and proposed penalties of $142,642.
- Based on a complaint filed by the Department of Labor citing seven separate citations issued since 2014 for violating federal fall safety regulations and failure to pay more than $300,000 in related penalties, the Massachusetts Board of Building Regulations and Standards has revoked William Trahant's construction supervisor's license for at least two years. He must cease any work on active building permits he holds until a successor license holder is substituted or he regains his license.
Nebraska
- The Nebraska Beef Ltd was cited for two willful and 11 serious violations and issued $274,569 in proposed penalties after a worker caught a finger in a forklift attachment and suffered an amputation of part of the finger. Violations included improperly training forklift operators, failure to isolate energy during service and maintenance of dock levelers, and lack of safety procedures for material handling.
- Roofing contractor, Christopher C. Arps, was held in contempt for failing to comply with a subpoena related to a case in which an employee fell from a roof after suffering cardiac arrest because he was not supplied with adequate fall protection. He has been ordered to pay $100 per day and almost $6000 in legal fees and costs. Failure to comply could result in additional sanctions.
New York
- A Staten Island health center, Community Health Center of Richmond, Inc., will pay $195,000 in back wages and compensatory damages to a former employee who filed a whistleblower complaint after refusing to attend an in-person staff meeting during the pandemic and was fired.
- Northridge Construction Corp. pleaded guilty to criminal charges in federal court relating to the death of a worker who fell from an improperly secured roof. A sentencing hearing is scheduled for April 3. The maximum penalty for each of the criminal offenses is five years' probation and a $500,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime.
Wisconsin
- Tigerton Lumber Co., a sawmill in Tigerton, was cited for three repeat violations, 14 serious violations, and two other-than-serious violations and proposed $283,608 in penalties. The citations related to energy control procedures were issued during a follow-up inspection to a 2019 inspection when a worker died and the company was placed in the Severe Violators Enforcement Program.
- Appleton-based Bacilio Rios, a roofing contractor operating as Chilos Construction, was cited for the second time since 2022 for failing to protect employees from deadly fall hazards. Proposed fines are $281,000.