Year-End Snapshot: OSHA’s Regulatory Landscape

Navigating the ever-changing terrain of industrial safety As the industrial landscape evolves, so do the regulations governing occupational safety. The Occupational Safety and Health Administration (OSHA) ( https://www.osha.gov/ ) in the last three years has seen significant changes in leadership, enforcement strategies, and proposed rules. This article will explore key developments, ongoing initiatives, and the potential impact on the industrial sector. Enforcement evolution One notable shift is the resurgence of public shaming as a tool in OSHA's enforcement arsenal. Despite an internal directive calling for restraint, OSHA continues to issue press releases naming and blaming employers before legal proceedings conclude. While the order remains in effect, its inconsistent application raises questions about OSHA's adherence to its guidelines. Technological leap In 2016, OSHA introduced the "Improve Tracking of Workplace Injuries and Illnesses" rule, aiming for increased electronic reporting. Recently amended, the regulation now mandates establishments with 100 or more employees in designated industries to annually submit information from OSHA Forms 300 and 301 electronically. Establishments with 20 to 249 employees in specific industries must submit information from Form 300A annually. Larger establishments with 250 or more employees must electronically submit Form 300A data annually. The updated rule also includes changes to NAICS codes and introduction of a public website where OSHA intends to post anonymized data from these submissions, effective January 1, 2024. Battling the heat OSHA prioritizes establishing a heat illness standard, a challenging task given the subjective nature of defining “excessive heat.” While a National Emphasis Program (NEP) addresses immediate concerns, crafting a bar is time-consuming. The NEP, focusing on specific industries during heatwaves, demonstrates OSHA's commitment to targeted safety measures amid regulatory uncertainties. Infectious disease preparedness Infectious diseases have been on OSHA's radar since 2017. The proposed rule in August 2022, addressing diseases like flu, COVID-19, tuberculosis, and others, is still pending finalization. The lack of a comprehensive standard during the COVID-19 pandemic exposed a critical gap in regulatory readiness. OSHA's challenge lies in creating a versatile standard covering diverse industries and diseases, which demands careful consideration. PPE standards and silica dust Recent press releases from the Department of Labor ( https://www.dol.gov/ ) highlight OSHA's ongoing efforts. The proposed rule clarifying personal protective equipment (PPE) standards in the construction industry emphasize the importance of proper fit to ensure worker safety. Aligning construction standards with general industry and maritime standards addresses long-standing concerns, especially for female workers. The initiative targeting engineered stone fabrication and installation industries reflects OSHA's commitment to addressing specific hazards promptly. Silica dust exposure has severe health implications, as highlighted in a recent study, prompting OSHA to prioritize inspections and enforcement in related industries. Looking ahead Despite the challenges and uncertainties, OSHA's priorities, which include revisiting lockout/tagout, refining walking-working surfaces standards, and addressing gender-specific concerns in PPE, showcase an ongoing commitment to industrial safety. The General Duty Clause serves as a reminder that, even without specific standards, employers must ensure a safe workplace. As the industrial sector navigates these regulatory waters, staying informed and proactive is crucial. OSHA's evolving landscape underscores the importance of industry collaboration, proactive safety measures, and a commitment to the workforce's well-being.