OSHA watch
Employer alert: Expect inspections under updated Site-Specific Targeting inspection program
The Site-Specific Targeting (SST) inspection program, the primary planned inspection program for non-construction workplaces with 20 or more employees, has been updated. It's effective for two years starting May 20 and includes the following changes:
- For high-rate establishments, the SST plan selects individual establishments for inspection based on CY 2023 Form 300A data. The previous SST used CY 2021 data.
- For upward trending injury and illness rates, the SST plan selects individual establishments for inspection based on CY 2021 through 2023 Form 300A data. The previous SST used CY2019 through 2021 data.
- The list for establishments with injury and illness rates markedly below industry averages is generated using CY 2023 Form 300A data. The previous SST used CY 2021 data.
- The non-responders (failed to submit Form 300A) list is generated using CY 2023 data. The previous SST used CY 2021 data.
Notably, there is one DART rate for manufacturing (NAICS 31-33), and a different one for non-manufacturing (all other NAICS, except construction). SST inspections are programmed and, as such, comprehensive in scope. The guidance instructs Compliance Safety and Health Officers (CSHO) to evaluate potential hazards "in all areas of the workplace," while focusing on the areas the employer reported injuries and illnesses. Nevertheless, a CSHO may expand the scope of the inspection with justification.
Employers on the list should prepare for inspections as the guidance requires that all establishments on the SST inspection list be inspected, with few exceptions. Further, given the multi-year timeframe for targeting employers for SST inspections, employers should ensure that their 300 Logs do not needlessly record non-recordable injuries.
Letter of Interpretation clarifies use of substitutes for Form 300 and Form 300A under recordkeeping regulation
An April 29, 2025 Letter of Interpretation confirms that employers may use their electronic systems and forms to track workplace injuries and illnesses if they are equivalent to the OSHA forms and meet the regulatory requirements.
Reminder: public hearing on proposed heat standard
An informal public hearing will begin on June 16, 9:30 a.m., EDT and continue through July 2, on the controversial Biden-era proposed rule to prevent heat-related illnesses and workplace deaths. Registration isn't required to view the hearing, and instructions for watching are posted on the rulemaking webpage.
Initiative targets backover incidents in construction
Backover incidents lead to serious injuries and fatalities in construction zones and workplaces. The #MirrorCheck initiative provide resources to help educate workers and employers in the construction industry about safety practices that can prevent backover risks.
Save the date - 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.
MSHA
Informational alert on significant and substantial violations
The new alert details the evaluation of nearly 44,000 violations from Oct. 1 to April 1 to determine standing as significant and substantial. The agency reports that more than 8,200 (18.8 percent) of the violations earned the designation. MSHA identified fall protection, powered haulage, machinery, and roof and rib control as areas where the mining industry should increase its focus on safe and healthful work practice.
Fall safety alert
Seven miner fatalities resulted from falls from height from 2022 to 2024. During that period, 767 violations of fall protection standards were cited. A new safety alert includes best practices for fall prevention and protection.
State Plans
Cal/OSHA
New lead exposure standard for construction industry clarified
Under the amended lead standards for construction that went into effect January 1, employers must perform exposure assessments for employees who may be exposed to lead on the worksite, including employees who conduct dry abrasive blasting. Until the employer performs the assessment and determines actual employee exposure, the maximum amount of time an employee can conduct dry abrasive blasting is limited to five hours per day. After January 1, 2030, the amount of time must be limited to 2 hours per day. The new guidance explains the requirements once the assessment is done.
Draft proposal to revise rules on heat illness prevention published
In response to recent legislation, a draft proposal to revise heat illness prevention rules for both indoor and outdoor regulations was published on May 7. The revisions include new requirements for acclimatization, training, and plan distribution. Comments on the draft proposal are due by July 7. For a summary of the changes.
New discussion draft of proposed regulation on Workplace Violence Prevention in General Industry
On May 13 a new discussion draft of the proposed regulation on Workplace Violence Prevention in General Industry was released. One of the most significant changes is the removal of the provision that prohibited employers from requiring or encouraging employees to confront individuals suspected of committing a crime or engaging in workplace violence. It also adds a provision that requires employers to provide a non-supervisory reporting channel for concerns about "types 3" workplace violence, violence by an employee against another employee, supervisor, or manager. Other changes relate to clarifying exemptions, definitions, and recordkeeping.
New discussion draft for revised wildfire smoke standard
The draft wildfire smoke regulation would adjust the Air Quality Index (AQI) table to indicate that AQI Category for PM2.5 at 301 or above (as opposed to 301 to 500) as "hazardous." Additionally, the proposed regulation clarifies that a written respiratory protection program and fit testing are not required unless the AQI for PM2.5 exceeds 500.
Significant resources allocated to inspections related to heat illness
It is noteworthy that in less than one year there have been 329 inspections under the Indoor Heat standard that became effective in July 2024. 224 have been closed and 66 had violations issued. (Source: Conn Maciel Carey, LLP)
Standards board considering petition to delay fall-prevention rules
The standards board is weighing a petition from construction industry groups to delay by one year the July 1 effective date of controversial regulatory amendments to the fall-protection standard for residential construction workers designed to align with federal requirements.
MIOSHA
Free mental health awareness training for the construction industry
Through September, Wayne State University is offering a free, MIOSHA-funded mental health awareness training. This flexible training can be an instructor-led seminar or live online webinar. A self-paced option is also available for groups of five or more.
For more information, visit the registration site or contact Wayne State University's training team directly.
Mental health webinar series final session
The third and final session, Embedding Mental Health and Well-Being into Workplace Culture, of the webinar series will take place on June 12 at 2 pm. More information.
NCDOL
Trench safety standdown
The trench safety standdown will be held June 16 - 20.
Training calendar and prerecorded webinars
VOSH
Safety and Health Conference
The 2025 VOSH Safety and Health Conference will be held from July 16-18, at The Hotel Roanoke, 110 Shenandoah Ave NE, Roanoke. Learn more.
Recent fines and awards
California
- The Labor Commissioner's Office (LCO) cited and recovered from Ali Baba Corp. $40,460 for workplace retaliation and labor law violations. The citations followed an investigation that found the employer unlawfully terminated a care facility worker for reporting workplace violations, such as unsafe working conditions and failing to provide required meal breaks.
Georgia
- Art Stone-Granite & Marble Inc. in Marietta has agreed to pay $120,000 in penalties and to provide respiratory and hearing protection for its workers exposed to respirable crystalline silica. A follow-up inspection found the company still failed to provide respiratory and hearing protection.
- Precision Refractory Services, LLC contested a citation for two serious scaffolding-related violations. The citation noted failure to ensure alterations to the scaffold were made by a competent person and allowing employees to enter a hazardous area below the scaffold. The Occupational Safety and Health Review Commission (OSHRC) vacated the competent person violation, finding the evidence based on hearsay, but affirmed the other violation.
Pennsylvania
- Several investigations into a minor-aged worker's fingertip amputation found Fostermation Inc., a Meadville metal components manufacturer, exposed employees to a half dozen serious workplace safety violations. A complaint investigation and another one under the National Emphasis Program on Amputations in Manufacturing Industries identified amputation and machine-guarding hazards and deficiencies in its lockout/tagout procedures. The company paid $50,192 in civil money penalties for child labor violations and $14,700 in a settlement for the safety violations.