Regulatory Reform

The Small Business Administration’s (SBA) Office of Advocacy is touting its efforts to limit the scope of OSHA’s COVID-19 emergency temporary standard (ETS) for healthcare as the most significant victory in its fiscal year 2021 agenda, saying its single-sector focus led to almost 98 percent of the office’s regulatory cost savings for the year.

EPA and several major tech companies have joined with an environmental group to spearhead a program aimed at reducing workers’ exposure to toxic chemicals in the electronics sector’s supply chain, with the first round of priority chemicals identifying substances like methylene chloride that are already subject to EPA regulation under TSCA.

OSHA is pushing back two major deadlines for public input until early 2022 -- extending both the public comment period for its call for comments to inform a long-awaited heat illness standard, and the nomination deadline for new members to its Federal Advisory Council on Occupational Safety and Health (FACOSH).

Employers’ attorneys say OSHA officials have told them the agency intends to update its 1992 process safety management (PSM) standard during President Joe Biden’s current term and could release a formal proposal as soon as next year, after the Trump administration halted an Obama-era push to rework the rule.

Manufacturers are urging OSHA to adopt industry consensus standards as the basis for first-time updates to its 1971 mechanical power press rule, and to consider a separate standard for hydraulic and pneumatic presses, but are split on the feasibility and cost of quickly implementing any such changes.

Stakeholders on all sides say Democrats’ proposal to raise the OSH Act’s cap on penalties to $700,000 per violation would reshape OSHA enforcement, with labor and safety groups praising the bill as a much-needed boost to deterrence while employers’ attorneys are predicting a “big” increase in legal challenges to individual fines.

Just-released legislative text that House Democratic leaders say implements a deal between President Joe Biden and Senate moderates for a $1.75 trillion social spending package maintains the previously announced proposal to raise statutory penalties for OSH Act violations by a factor of 10, along with $707 million in funding for OSHA itself.

OSHA will reconstitute its Federal Advisory Council on Occupational Safety and Health (FACOSH), six years after the body last met, as part of a wide-ranging executive order from President Joe Biden that seeks to reconstitute over 30 executive-level advisory panels that the Trump administration scrapped in 2017.

Whistleblower protection groups are asking OSHA to take new steps to help undocumented workers report safety violations and seek protection from unlawful retaliation following a Department of Homeland Security (DHS) memo ending immigration agencies’ practice of raiding work site to make mass arrests.

California Gov. Gavin Newsom (D) has signed into law a bill that employer attorneys say will “vastly” expand California OSHA’s (Cal/OSHA) enforcement authority and hike monetary penalty amounts for regulatory violations, as well as giving the agency new power to seek permanent injunctions against employer operations.