Daily News

Employer and trade groups are urging California OSHA (Cal/OSHA) to extend the comment period on its proposed overhaul of rules for lead exposure in the construction sector and general industry, charging that the new blood lead-level limits and action levels are much too stringent, and that many of the rules are too complicated for regulated entities to understand.

EPA is opening a new public comment period for its proposed rule that would ban ongoing uses of chrysotile asbestos, saying industry and environmental groups have submitted a wave of new data on whether a two-year phase-out for chlor-alkali facilities is practicable and protective of workers, and asking stakeholders to weigh in on that evidence.

A federal district judge has rejected Amazon’s challenge to a Washington state policy that required it to abate alleged safety violations at a warehouse in Kent, WA, even as it pursues an administrative challenge to the underlying citation, rejecting the company’s argument that it has been deprived of due process in violation of the Constitution.

OSHA has posted a new regulatory interpretation letter that addresses a host of questions from employers on the Hazard Communication Standard’s (HCS) application to lithium-ion (Li-ion) batteries, noting several situations when the devices qualify as “consumer products” or “articles” exempt from the rule but highlighting other areas where HCS labels are mandatory.

OSHA has finalized a year-old interim rule that set out procedures for handling whistleblower complaints under the 2019 Taxpayer First Act (TFA) that created anti-retaliation protections for employees who report potential tax fraud and other violations, largely adopting the model it set out in the interim measure.

Federal appellate judges appeared skeptical of claims that OSHA’s safety standard for crane assembly and disassembly should not apply to preparatory steps prior to dismantling the equipment during March 7 oral argument over a 2016 accident where a worker was seriously injured when a crane touched a live power line during that preliminary phase.

OSHA is pushing back against an Office of Inspector General (OIG) report that faulted its handling of OSH Act complaints, including claims that officials do not adequately consider testimony from witnesses or complainants in enforcement, saying it is based on a third-party audit that used an unrepresentative sample and misunderstood the agency’s processes.

California OSHA’s (Cal/OSHA) standards board is scheduled to hear debate over whether to amend its workforce safety rules for farming equipment to allow automated tractors and other machines to operate independently in the field, amid pushback from labor and worker-safety groups that say the move would heighten injury and death risks.

The long-delayed challenge to OSHA’s Trump-era rollback of electronic recordkeeping mandates is set to move forward after a federal appeals court lifted its long-standing stay on the suit, backing safety advocates’ argument that the Biden administration’s repeated delays of a rule to reinstate the requirements undermine the rationale for pausing the case.

California OSHA’s (Cal/OSHA) appeals board has issued what the agency is calling a “precedential” decision affirming that provisions of water at outdoor worksites must be “as close as practicable” to the areas where employees are working to encourage frequent consumption, bolstering the state’s heat-danger protections.

A federal district court has rejected South Carolina’s bid to block OSHA from enforcing its long-standing directive for state plans to match federal OSH Act minimum and maximum penalties, including annual inflation adjustments, holding that language in the 2022 adjustment renewing the mandate was not a new action and thus not subject to judicial review.

The Occupational Safety and Health Review Commission (OSHRC) has again upheld an OSHA workplace violence citation that designated a healthcare facility and its management firm as a “single employer” for purposes of OSH Act enforcement, just as a federal appeals court is weighing its use of that test in a prior case targeting the same management company.

California OSHA (Cal/OSHA) chief Jeff Killip acknowledged that the agency continues to struggle to carry out enforcement amid a 30 percent staff vacancy rate during his recent confirmation hearing, while highlighting his agency’s work on indoor heat worker-safety rules and outreach to both vulnerable employees and businesses to improve performance.

Employer attorneys are raising alarms on OSHA’s quiet announcement that it plans to reinstate a controversial Obama-era policy known as the “Fairfax Memo” that allowed third parties such as union representatives to accompany OSHA officials on inspections -- even of non-union worksites.

“I think this is going to be among the most important development[s] of the year 2023 in the field of OSHA law,” Keller & Heckman attorney Manesh Rath said during a Feb. 22 webinar on the topic.

The Occupational Safety and Health Review Commission (OSHRC) has issued a pair of decisions that affirm OSHA’s approach to identifying heat dangers, scrapping an administrative law judge’s (ALJ) rulings that held its long-standing approach failed to show hazard to workers, but the panel is also setting a high bar for “feasible” abatement methods.

South Carolina is pointing to OSHA’s latest inflation adjustment to enforcement penalties as fresh justification for its ongoing court challenge to the mandate for states to match those increases each year, saying the rulemaking repeats that directive and is ripe for judicial review.

Unions, worker-safety groups, environmentalists and tribes are petitioning OSHA to strengthen its injury and illness reporting mandates for oil spill response workers, arguing that the sector should be carved out from broad exclusions for cold and flu to ensure that employers report symptoms of potentially serious chemical exposures that may “mimic” the viruses.

Members of the California legislature have introduced a bill that would reimburse employers’ costs for complying with the state OSHA’s (Cal/OSHA) COVID-19 worker-safety standard in 2023 and 2024 through a new tax credit, with support from agriculture groups that have attacked the standard as unnecessary, overly burdensome and costly.

Newly introduced California legislation would require the state’s OSHA (Cal/OSHA) to adopt standards requiring employers in “all industries” besides healthcare to draft workplace violence prevention plans as part of existing injury and illness prevention programs, in an effort to accelerate such requirements.

California OSHA (Cal/OSHA) has missed its target to unveil the final version of a long-pending update to requirements for first-aid kits for general industry and construction companies, triggering a new comment process and drawing criticism from at least one member of the agency’s standards board, along with employer and worker-safety representatives.