Daily News

OSHA plans to “modernize” its long-standing Voluntary Protection Programs (VPP) that recognize employers for instituting workplace protections above what regulations and consensus standards require, and is seeking input on a range of possible changes -- from incentives for joining to assessment methods and a potential “tiered” approach.

OSHA is backing off its 2022 proposal to scrap its prior approval allowing Arizona to operate an OSH Act state plan, saying state officials have taken “significant actions to address” concerns that drove the withdrawal push, including tying their employer penalties to federal levels and easing procedures to adopt emergency standards mirroring those the agency issues.

OSHA is gaining new authority to issue visas to victims of certain alleged crimes including forced labor, obstruction of justice and human trafficking, further expanding the Biden administration’s efforts to protect undocumented immigrants from the threat of deportation when they report workplace violations.

The Occupational Safety and Health Review Commission (OSHRC) affirmed OSHA’s citation against Walmart for a violation of its safety standard for items stored “in tiers,” after the U.S. Court of Appeals for the 2nd Circuit overturned an earlier decision where the panel applied a narrower reading of the rule to say it did not apply to the retailer’s facility.

OSHA has issued an interim final rule detailing new procedures for handling cases of alleged retaliation against whistleblowers who come forward about violations of antitrust law, introducing a process specific to the Criminal Antitrust Anti-Retaliation Act (CAARA) for the first time.

Update Appended

Democratic attorneys general (AGs) in seven states are petitioning OSHA to issue an emergency temporary standard (ETS) for occupational heat exposure to take effect on May 1, arguing that workplace heat exacerbated by climate change poses a “grave danger” to tens of millions of employees around the country.

EPA says its draft risk assessment of formaldehyde will be a model for reforms to the Integrated Risk Information System (IRIS) program, even as employers continue to question its finding that studies of exposed workers show inhaling the chemical can cause leukemia and accuse the agency of misleading peer reviewers on its methods.

OSHA has issued citations at three more Amazon warehouses claiming it exposed workers to a high risk of injury and delivered hazard alert letters detailing alleged ergonomic hazards at the facilities, further escalating the agency’s recent series of enforcement actions against the retailer and pressing it to develop a “company-wide strategy” to address them.

Employer law firms say OSHA’s new directives for regional enforcement officials to step up use of “instance-by-instance” citations and avoid “grouping” multiple violations under a single penalty shows that the agency is seeking to tighten enforcement and boost monetary penalties nationwide, with one calling the moves a “game changer.”

Environmental groups used a flurry of recent meetings with the White House Office of Management and Budget (OMB) to renew their calls for a strict rule banning all use of the solvent methylene chloride, highlighting research they say shows both its acute toxicity and ongoing worker deaths even under OSHA’s current safety standards.

Unions, Democratic-led states and pro-regulatory groups are lining up against a contracting firm’s lawsuit claiming OSHA’s authority to craft and enforce safety standards is unconstitutional, calling the company’s claims untethered from the law and warning that granting its request would “hobble” workplace safeguards nationwide.

The U.S. Court of Appeals for the 3rd Circuit is backing OSHA’s narrow reading of a little-used provision in the OSH Act allowing workers to sue the agency when it fails to address an “imminent danger” of workplace harm, agreeing that such suits face the same six-month statute of limitations as federal enforcement action under the law.

Oregon logging and forestry groups will ask the U.S. Court of Appeals for the 9th Circuit to let them challenge the state’s workplace safety rules in federal court on the theory that state plans are effectively agents of OSHA rather than their own state governments -- an approach that would open the door to bifurcated litigation on a host of issues.

OSHA is instructing regional enforcement officers to avoid grouping together employers’ alleged health and safety violations and instead prioritize “instance-by-instance” citations that could lead to greatly increased overall penalties, loosening a long-standing policy that said such citations should only come in response to “clear bad faith” by an employer.

With new support from 18 more lawmakers, a group of House and Senate Democrats is renewing its call for EPA to toughen its proposed risk management program (RMP) rule when it finalizes the rule later this year, seeking to shore up the rulemaking just days after one of their key supporters announced plans to leave EPA after failing to win Senate confirmation.

Industry attorneys say an Occupational Safety and Health Review Commission (OSHRC) case where the panel underlined the “creating employer” test for liability at multi-employer worksites could also showcase the limits of that doctrine for OSHA enforcement, especially the need to prove that the company had knowledge of the danger it allegedly created.

Officials with the Society of Chemical Manufacturers and Affiliates (SOCMA) say the group is pushing both OSHA and EPA to prioritize enforcing their Risk Management Program (RMP) and process safety management (PSM) standard facility safety policies rather than overhauling and expanding them through pending rules.

Robert Helminiak, vice president of SOCMA’s government relations team, named both agencies’ safety programs as top priorities during a Jan. 24 webinar on the trade group’s regulatory and legislative priorities for the coming year.

OSHA is urging a federal appeals court to reject an employer’s arguments that the OSH Act’s safety standard program is unconstitutional under the “non-delegation” doctrine, arguing that both the law itself and Supreme Court precedent establish well-defined limits on that authority.

OSHA is citing Amazon over a wide range of alleged safety violations at three of the retailer’s warehouses in Florida, Illinois and New York, marking the latest step in an investigation prompted by rare referrals from the Department of Justice (DOJ) to the agency.

In a Jan. 18 release, OSHA said it is seeking a total of $60,269 in penalties after inspections at Amazon facilities in Deltona, FL, Waukegan, IL, and New Windsor, NY, found violations ranging from individual process failures and understaffed medical clinics to production quotas that workers cannot meet safely.

California OSHA’s (Cal/OSHA) standards board has narrowly voted to recommend that agency staff add “exclusion pay” requirements to a forthcoming long-term infectious disease standard for general industry, renewing debate over the mandate after officials dropped it from new COVID-19 safety standards.

However, employer groups are already pushing back on the board’s efforts, arguing that any formal recommendation is premature since Cal/OSHA has yet to unveil even a draft version of the rule.