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Guidance and resources from state OSHA programs

Beryllium Standard revised for clarification

A final rule revising the beryllium standard for general industry includes changes to five definitions and the addition of one definition - beryllium sensitization. Additional revisions include methods of compliance, personal protective clothing and equipment, hygiene areas and practices, housekeeping, medical surveillance, hazard communication, and recordkeeping. A new Appendix A is "designed to supplement the final standard's definition of beryllium work area. Changes to the standard are detailed in Section XI, Summary and Explanation of the Final Rule. The compliance date of the final standard to September 14, 2020.

Spring 2020 regulatory agenda

Three items moved off the previous agenda's long-term actions: post-incident drug testing and incentive programs, fit requirements for personal protective equipment in construction, and procedures for handling retaliation complaints under the Taxpayer First Act of 2019. The latter item is listed in the final rule stage, with an interim final rule scheduled for November, while the others are in the proposed rule stage.

Also in the final rule stage is a standard for handling retaliation complaints under whistleblower protection statutes and changes to the beryllium rules for the construction and shipyard industries. Two items remained in final rule stage from the Fall 2019 agenda:

One new proposed rule involves medical removal protections for OSHA's silica regulations. Three other regulations moved from pre-rule to proposed rule:

Notably, an infectious disease standard remains a "long-term action."

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Employers' injury, illness data to be made public

The Public Citizen Foundation recently won a Freedom of Information lawsuit regarding the controversial electronic record keeping rule and the data of 237,000 employers must be turned over to the Foundation by August 18, 2020.

Employers reminded of their duty to protect workers from dangers of heat exposure

While there is no federal heat stress standard (California and Washington state have one and Minnesota has one pertaining to indoor facilities), there is guidance on heat stress and violations are enforced under the General Duty Clause and other related standards.

National Stand-Down to Prevent Falls in Construction rescheduled

The event will be held Sept. 14-18 to correspond with Construction Safety Week.

Revised rule concerning agency access to employee medical records

The Rules of Agency Practice and Procedure Concerning Occupational Safety and Health Administration Access to Employee Medical Records describes internal procedures that agency personnel must follow when obtaining and using personally-identifiable employee medical information.

Recent fines and awards






New York

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