OSHA watch

Leadership and OSHRC updates

On March 10, the Senate confirmed the nomination of Lori Chavez-DeRemer as the Secretary of the Department of Labor. Keith Sonderling, who had served as Acting and Deputy Administrator of the Wage and Hour Division from 2017-2020, was confirmed as Deputy Secretary of Labor. Amanda Wood Laihow, who served as a commissioner on the Occupational Safety and Health Review Commission (OSHRC), during the first Trump administration, has taken on the role of acting head of OSHA while David Keeling's nomination continues to make its way through the process.

President Donald Trump has nominated Deputy Solicitor of Labor Jonathan Snare to serve on the OSHRC, but without an additional nomination and confirmation to the panel, OSHRC continues to lack a quorum to address the backlog of cases.

House Committee chair calls on DOL to withdraw or rescind several regulations

In a letter sent to the newly confirmed Labor Secretary, the House Education and Workforce Committee chair, Tim Walberg, requested that the proposed rules on heat-related illnesses and emergency response be withdrawn. He also asked that the worker walkaround representation rule be revoked, and changes be made to the annual injury and illness data submission requirements.

Upcoming Stand-Downs

• National Stand-Down to Prevent Struck-By Incidents will be April 21 - 25. Learn more and access free resources. This Stand-Down is held during National Work Zone Awareness Week (NWZAW), which is being hosted by the North Carolina Department of Transportation. Learn how to participate.
• The National Safety Stand-Down to Prevent Falls in Construction, a voluntary national effort to raise awareness about fall hazards in the construction industry and promote safe work practices, will be held May 5-9.

ExxonMobil tests policy on qualified medical professionals and recording mental health diagnoses

ExxonMobil has appealed an OSHRC decision that Exxon violated a recordkeeping standard by not documenting a worker's mental illness diagnosis from a healthcare professional following an explosion at its facility. The appeal is currently before the Court of Appeals for the Fifth Circuit. ExxonMobil seeks a ruling that would narrowly define which medical professionals are qualified to diagnose mental health conditions for recordkeeping purposes. The outcome of this appeal could significantly impact how employers record mental health diagnoses and clarify the scope of qualified medical personnel under the regulations.

Kentucky lawmakers limit enforcement of workplace safety regulations

Kentucky legislators have overridden the governor's veto on a bill that limits enforcement of any new or existing state workplace safety and health regulations that are more stringent than federal standards. The bill also includes amendments that would:

• Allow an employer's representative to accompany the state's Department of Workplace Standards during a workplace inspection.
• Only allow current employees or qualified representatives of those employees to request a safety inspection.
• Create a 30-day limit for a worker to report a safety violation and a six-month limit for an employer to be cited after a violation.

MSHA

Safety and fatality alerts issued
The Mine Safety and Health Administration (MSHA) has issued a safety alert on 2025 fatalities.Ten miner deaths occurred between January 3 and March 5, 2025 - more than triple the number for the same period in 2024. Accidents classified as Powered Haulage remain the most common with four fatalities, followed by Machinery (two fatalities), and Fall of Face, Rib, Side or Highwall (two fatalities). Fatality alerts that include details and best practices to avoid similar incidents are on the website.

Compliance date for silica final rule extended to August 18, 2025
Shortly after MSHA announced a temporary enforcement pause to August 18, 2025 on its respirable crystalline silica regulation for coal mine operators, a court order blocked the rule from taking effect on a temporary basis. Court proceedings are unpredicable and it's unknown if the August 18 date will stand. Employers should stay abreast of the status and have a compliance plan in place.The Metal/Nonmetal (M/NM) industry has until April 8, 2026, which is unchanged.

State Plans

Cal/OSHA
Amendments to fall protection standards in residential construction and roofing are effective July 1
The amendments include making the fall protection height standard 6 feet instead of 15 feet, to align with federal standards, and removing the term "impractical" and replacing it with "infeasible" within certain fall protection requirements. Employers must update their fall protection plans, train employees on the changes, and ensure that all their fall protection safety systems meet the new requirements.

Worker safety and fire recovery support
The Department of Industrial Relations announced $25 million in funding for the Workplace Outreach Project (CWOP) for 89 community-based organizations to educate workers about their rights and promote workplace safety. It includes $6 million to community-based organizations in the Los Angeles area to help those involved with the cleanup and recovery from the recent wildfires.

IL OSHA
Drowning incident report intended to be resource for municipal water departments
The Department of Labor's Division of Occupational Safety and Health has released an educational report following the investigation into the drowning of a public works employee. The incident involved a 20-year-old maintenance worker who drowned in a water main vault that flooded during repair efforts on a leaking valve.

MIOSHA
Law strengthening asbestos safety protections effective April 1
House Bill 4185 (PA 17 of 2024) amends the Occupational Safety and Health Act of 1974 by adding asbestos-specific language to regulate asbestos handling and exposure better. The updated law applies to all friable and non-friable asbestos-related citations. It provides clear definitions for asbestos and asbestos-related violations, updates how and when an asbestos-related case is considered closed, extends the repeat violation timeframe for asbestos-related violations, and sets limits on penalty reductions for asbestos-related violations.

Amendment to inspections and investigations, citations, and proposed penalties in effect
An amendment to align regulations with the federal standard 1903.8, often referred to as the worker walkaround representation rule, became effective March 4. Under the rule, third-party representatives could be present during inspections, which is a significant shift in how inspections have been conducted.

The full text of Admin. Part 13, along with a strike-bold draft, is available at Michigan.gov/mioshastandards.

Spring quarterly newsletter available
Topics covered in the spring newsletter include Director's Corner; New Michigan Law Strengthens Asbestos Safety Protections; Significant Case Study: Legionnaires' Disease Fatality; MVPP Best Practice Highlight: The Better Way Campaign; Partnerships and Awards.

Upcoming events

• New webinar series, Cultivating a Workplace Culture of Mental Well-Being
  Thursdays, April 17, May 15, and June 12, 2:00 p.m.
  For information
• Coffee with MIOSHA
  Coffee with MIOSHA are free events that provide an informal opportunity for employers and employees to meet with MIOSHA representatives. The next event is in collaboration with Lawrence Technology University on April 30, 2025, 8:30 - 10:30 a.m. Email Ahmed Al-Bayati to register.
• Ergonomics Principles for Workplace Assessment and Design
  A two-day course on May 13-14, 2025, in Ann Arbor, with scholarships available for small to medium-sized companies. More information.

Training calendar

MNOSHA
Webinar series focuses on tech training and apprenticeships
A Tech Talent Training Series of webinars looks at how registered apprenticeship can benefit technology workers and employers.

Excavation Stand-Down
The statewide excavation stand-down will take place April 21 -25. Learn more.

April edition of Safety Lines available
The April edition of Safety Lines includes articles on preventing injuries among young worker, outreach for aquatic weed removal industry, $1M remains available in Ergonomics Safety Grant Program, and much more.

Upcoming training and informational events
There will be a free online training session about recordkeeping basics on April 25, 8:230 - 11:30 a.m. Registration is required.
Other events.

NCDOL OSH
Federal judge dismisses second challenge to North Carolina OSHA Plan
For the second time,a federal district court judge dismissed litigation alleging labor officials were administering the state's workplace safety plan in violation of the federal OSH Act, finding the case raises no new issues.

Upcoming events
Activities and workshops are planned for these campaigns:

• Work Zone Awareness Week, April 21 - 25
• Fall Prevention Stand-Down Campaign, May 5 - 9

Recent fines and awards

California

• The Labor Commission's Office cited a homecare provider, Amity In-Home Care Services Inc., $2.3 million for misclassifying caregivers as independent contractors. This was the first enforcement action under Assembly Bill 594, which went into effect in January. More information.
• A San Diego-based construction company, W.A. Rasic Construction, was issued $157,500 in fines for multiple violations of workplace safety regulations following a fatal trench collapse.

Florida

• Sea World's Orlando theme park was issued a general duty clause serious citation for allowing employees to work in close contact with a killer whale during a training exercise when a trainer was injured. The proposed fine is $16,550.
• A framing contractor, Manuel Domingos Pita, of Wesley Chapel, has been sentenced to 48 months in prison and fined millions of dollars after he failed to obtain workers compensation insurance and ignored safety practices. Despite six previous citations, he did not provide fall protection and one worker installing roof decking on a windy day was blown off the roof and was killed.