OSHA watch
National Emphasis Program on Amputations in Manufacturing renewed with significant changes
The National Emphasis Program (NEP) on preventing amputations in the manufacturing industry was revised and renewed for five years, effective June 27, 2025. Significant changes include:
- An updated list of North American Industry Code System establishment codes (Appendix B) identified for inclusion in the program. Unprogrammed inspections may be expanded to an amputations NEP inspection only if the establishment is listed in Appendix B.
- Allowing establishments that had an inspection under the NEP in the previous 24 months and did not report an amputation to be deleted from the programmed inspection list.
- Any establishment that has 10 or fewer employees and has its primary NAICS code listed on the "Low-Hazard Industry Table" of the Appropriations Act directive should not be inspected under the NEP.
- Revision to industry targeting methodology in Appendix A - Amputations Targeting Methodology.
Proposed heat standard elicits huge response
According to Business Insurance, almost 25,000 people and organizations submitted comments, and 980 organizations submitted formal documents for the docket related to the proposed standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. More than 100 organizations or groups, along with members of the public, testified over the 13 days of hearings, which ended on July 2. The "heated" debate over the standard was expected. On one side, the business community argues it is too broad and prescriptive, while labor advocates say not enough is done to protect workers subject to high heat.
New resources for employers to protect workers in the heat
While the debate goes on about the proposed heat standard, the publication of new resources reflects the agency's position that employers must proactively monitor and protect workers from heat illness.
- Young workers and heat illness is a fact sheet highlighting young workers and heat illness and the important precautions that this group of workers should take before starting their work in the heat, as well as what to look out for on the job.
- Safety in five on heat emergencies is a customizable 5-step, 5-minute conversation that employers can have with workers to plan and remind each other about the necessary actions to take in the event of a heat emergency. The guide provides an opportunity to have meaningful conversations about planning, refreshing everyone's memory and concludes with a short quiz to reinforce the knowledge.
Employers are also urged to download and share the Heat Emergency Wallet Card which is available in several languages and add signage around the workplace (poster). Visit the updated webpage on Heat Illness Prevention for more resources.
DOL reveals new opinion letter program
A new Department of Labor (DOL) opinion letter program allows users to explore past guidance and submit new requests to five key enforcement agencies within DOL: Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA), Employee Benefits Security Administration (EBSA), Veterans' Employment and Training Service (VETS), and Mine Safety and Health Administration (MSHA). While MSHA will have a newly launched Information Hub that will provide compliance assistance from a centralized website, the new program does not appear to involve major changes at OSHA.
The letters will continue to be called letters of interpretation (LOI), to interpret how existing standards and rules should be applied based on questions submitted by industry groups, safety professionals, and employers. The LOIs cannot create new obligations but can be helpful compliance guides by clarifying how a standard should be applied in a specific real-world situation. They are official, public interpretations and unlike variances have broad applicability. Although LOIs are not legally binding, they can sometimes be used as persuasive authority in contesting a claim. Use of LOIs has historically swung with political administrations and many more are issued under Republican administrations.
Employers, however, should be cautious and consider the potential legal and practical ramifications of submitting a request for an LOI. If the letter indicates that the employer is doing something that violates a standard (even unknowingly), it could trigger an inspection. There's no reason that an employer must identify their company when submitting a request. The requests can be submitted by an industry group, counsel, a consultant, and even as an individual citizen. Not all letters are answered, and the wait time can be significant.
It's important to note that these are federal-related documents, which may or may not apply to State Plans.
Proposed budget cuts standards-setting and enforcement
The proposal would reduce the budget from $632.3 million in FY 2025 to $582.4 million in FY 2026 and reduce the number of full-time employees from 1,810 to 1,587. Standards-setting would be cut by $5 million from $21 million to $16 million (24 percent) and enforcement by about $23.5 million (13 percent) from $243 million to $219 million.
Safe + Sound week planned for August 11 - 17
Safe + Sound Week is a nationwide event held each August that recognizes the successes of workplace safety and health programs and offers information and ideas on how to keep workers safe. Learn more about developing a program.
When a violation can become a federal criminal charge
Two recent cases provide a solemn reminder about the legal consequences of regulatory noncompliance and falsifying recordkeeping. There are specific circumstances under which a violation can become a federal criminal charge. In United States v. Fabcon Precast, LLC, a Delaware corporation recently pleaded guilty to willfully violating a standard resulting in an employee death. The company that makes precast concrete panels was ordered to pay $500,000, serve two years of organizational probation, and comply with a safety plan. When there's willful misconduct (knowingly failing to comply with a legal requirement or acting with plain indifference to employee safety) leading to a worker's death, it constitutes a misdemeanor resulting in fines up to $500,000 or six months imprisonment.
Falsifying documents or lying constitutes a felony punishable by up to five years in prison with significant fines. The 7th Circuit's recent decision upholding the criminal convictions of two grain mill supervisors illustrates the severe risks of such misconduct. Following a deadly dust explosion at Didion Milling, personnel doctored logs, submitted false reports, and lied to inspectors to mislead OSHA, triggering a Title 18 felony charge. The company was ordered to pay over $11 million combined in fines and restitution and serve five years' probation.
Several of its employees pleaded guilty to criminal charges. Three employees went to trial - one was acquitted, and two others were convicted. The 7th Circuit affirmed the lower court's findings that the executives were responsible for a conspiracy to deceive regulators and falsify records and both were sentenced to 24 months' imprisonment and one year of supervised release.
It's worth noting that some states have their own laws and regulations regarding workplace safety and can pursue criminal charges for workplace safety violations.
MSHA
MSHA launches information hub
The Mine Safety and Health Administration (MSHA) recently announced a free online center that features compliance assistance materials and answers to FAQs. The MSHA Information Hub highlights safety and health information, training resources, mining data trends, policy guidance, and other items commonly searched for on the website.
State Plans
Cal/OSHA
Top ten violations
Many state standards differ from federal regulations, even for similar standards. The top ten violations for calendar year 2024 look quite different from the federal top ten:
- Injury and Illness Prevention Program (IIPP), General Industry - CCR 3203. This standard mandates a written Injury and Illness Prevention Program (IIPP) and is consistently the most frequently cited.
- Outdoor Heat Illness Prevention - CCR 3395
- IIPP - Construction (consistently in top 5) - CCR 1509
- Reporting Work-Connected Fatalities, Serious Injuries/Illnesses - CCR 342
- Hazard Communication - CCR 5194
- Lockout/Tagout - CCR 3314
- Portable Fire Extinguishers - CCR 6151
- Respiratory Protection - CCR 5144
- Occupational Exposures to Respirable Crystalline Silica - CCR 5204
- Emergency Eyewash/Shower - CCR 5162
Inspection overview, complaints, and citation data released
Data about total and type of inspections opened by calendar year, complaints received, and citations issued has been updated.
Noteworthy, the total number of inspections fell from 6,820 in 2023 to 6,367 in 2024, with declines in all categories except for fatalities, which had a slight increase.
MIOSHA
Heat-Related Illness - State Emphasis Program (SEP) updated
While the changes to the Heat-Related Illness - State Emphasis Program were primarily administrative updating hyperlinks, references, and coding, the instruction's language regarding training and outreach efforts has been revised to reflect best practices and a specific goal to conduct 24 inspections each fiscal year has been added.
This goal is based on the requirement in the federal NEP that each of its regions have a fiscal year goal of increasing the annual number of heat inspections by 100 percent above the baseline of the average of fiscal years 2017 through 2021. This will result in 7 inspections for CSHD (outdoor sites in direct sunlight with hot work processes) and 17 inspections for GISHD (landscaping services industry) per year.
Employers are encouraged to utilize the Sample Heat Illness Prevention Plan as a template to establish their own heat illness prevention procedures.
Upcoming standdowns
- August 11-15: Take a Stand for Workplace Safety and Health: MIOSHA staff visit worksites statewide to provide free, one-on-one safety consultations.
- September 8-12: Suicide Prevention Stand-Down Week: Raises awareness of mental health risks and suicide prevention in the construction industry
Summer 2025 newsletter posted online
The newsletter includes valuable information on cooperative programs, case studies, analysis of a high-hazard industry inspection, and more.
July eNews available
This month's eNews has important information about hiring and training youth for the summer, trench evacuation safety, backover prevention, Take A Stand event in August, and worker deaths in 2025.
Mental Health Conference
The Department of Labor and Economic Opportunity continues its focus on mental health in the workplace and is a promotional partner of the upcoming Workplace Mental Health Conference hosted by The Eisenberg Family Depression Center (EFDC) at the University of Michigan on Wednesday, Aug. 6, 2025. For more information.
Agency Instructions issued
May 1, 2025 - Intermittent Work Operations
May 14, 2025 - Communication of Inspection Findings
May 17, 2025 - Construction Partnerships for Worker Safety and Health
Training calendar
MNOSHA
New scuba diving regulations
In response to tragic accidents involving lake weed removal workers using scuba gear without proper training, the Governor signed House File 1355 that establishes safety requirements for aquatic plant management companies whose employees use scuba gear. It requires that any diver be scuba certified, mandates specific equipment for all dives, requires an employer to provide certain equipment upon an employee's request, necessitates a standby dive's presence, and requires first aid and CPR training.
Fatality and serious injury investigation list updated
NCDOL
Beat the heat program launched
The Beat the Heat campaign is a renewed push to prevent heat illness. The campaign provides access to a heat safety calculator, a real-time heat index mobile app, hazard alerts, training videos, and industry-specific tools. Free heat stress webinars are offered in July and August.
Pay raises for inspectors
Starting pay for workplace safety inspectors will rise to $61,000 annually as part of a broader workplace safety initiative. The plan also includes filling current inspector vacancies, reducing wait times for voluntary safety inspections, and expanding recognition programs for exemplary safety practices.
TNOSHA
#MirrorCheck Initiative for Preventing Backover Incidents
Urges employers to customize materials (poster, toolbox talk, PowerPoint) to raise awareness about preventing backover incidents and fatalities in the construction industry.
Recent fines and awards
Florida
- Following the death of an employee, two event production companies in Orlando, Stage FX Inc. and James Thomas Productions LLC, were cited for serious violations for allegedly failing to maintain structural stability during the erection of a stage and to provide proper employee training on the associated hazards. James Thomas Productions paid $19,860 to address the violations, while Stage FX has contested the findings before the Occupational Safety and Health Review Commission (OSHRC).
- The Salvation Army in Orlando was cited for a repeat violation of exposing workers to fall hazards and for five serious violations, including failure to assess workplace hazards, provide fall protection training, and ensure proper machine guarding. Two other-than-serious violations were issued for failing to report the fatality within eight hours of the incident and lacking a hazard communication program. A 54-year-old maintenance worker suffered fatal injuries following a fall. The organization faces $120,817 in penalties.
Missouri
- The OSHRC vacated four citations totaling $78,791 in fines against Pettengill Family Restoration LLC, concluding that roofing workers who were not using safety equipment were independent contractors. An administrative law judge (ALJ) found the company did not direct the work, had no supervisors at the site, and did not set any hours, schedules, or work conditions.
New York
- Adidas America entered into a settlement agreement requiring the company to pay $235,000 in fines and implement enhanced safety measures at facilities in New York, New Jersey, and Puerto Rico to resolve fall hazard and unsafe ladder violations. A 2024 follow-up inspection found missing guardrails and unsafe ladder violations had not been corrected.