OSHA has released four new regulatory interpretation letters that aim to clarify several recordkeeping and reporting requirements, including new guidance for workers’ newly discovered chemical sensitivities, accidents during a commute, injuries related to both on- and off-the-job activity, and mandatory training at a third-party site.
OSHA is walking back its guidance for employers to treat adverse reactions to COVID-19 vaccination as “work-related” for recordkeeping and reporting purposes if the vaccine was “required” for workers, promising not to enforce that mandate until at least 2022 in order to avoid “any appearance of discouraging” vaccination.
An OSHA enforcement official says the agency is working with the Department of Labor’s Office of the Solicitor (SOL) on policies for considering vaccinated workers’ status as it implements its COVID-19 national emphasis program (NEP), with delegated states slated to decide soon on whether to adopt the federal enforcement plan.
OSHA has issued interim enforcement guidance for revisions the Trump administration made last year to the agency’s beryllium standards, detailing procedures to guide compliance officers’ site inspections and citations for alleged violations of the revised policies for general industry worksites, shipyards and construction sites.
OSHA is touting a proposed $265,265 penalty against the discount retail chain Dollar Tree as highlighting the latest in a long string of violations by a company with “a history of not taking the safety of its workers and customers seriously,” the latest sign that the agency has dropped a Trump-era ban on “regulation by shaming.”
Even as OSHA ramps up its COVID-19 enforcement, employers’ attorneys say the more than 300 already filed pandemic citations are facing an extraordinary level of legal push-back, with appeals pending for almost half of the cases -- potentially teeing up pivotal rulings on the agency’s authority to require infection-control measures.
In the highest-profile enforcement action so far under OSHA’s new COVID-19 national emphasis program (NEP), the agency is proposing to levy $136,532 in penalties, the largest in a pandemic-related case, against a tax preparation firm it says barred employees from taking infection-control measures.
President Joe Biden is proposing $2.1 billion in fiscal year 2022 funding for OSHA and other Department of Labor (DOL) worker protection agencies, representing an increase of $304 million or 17 percent over the FY21 enacted level to ramp up enforcement and regulatory efforts to protect employees.
The Chemical Safety Board (CSB), which investigates releases of hazardous or toxic chemicals and other industrial incidents, will soon draw up a new board order as recommended by EPA’s Office of the Inspector General (OIG) that oversees CSB, while embarking on a hiring push to bolster the ranks of its investigators.
Former Occupational Safety and Health Review Commission (OSHRC) Chairman James Sullivan says the Biden OSHA’s plan to step up enforcement, particularly on COVID-19 worker exposures, poses an “interesting” test for OSHRC and its precedent setting a high bar for the agency to sustain penalties in some enforcement cases.