Rulemaking

California OSHA’s (Cal/OSHA) standards board is demanding that agency staff add “exclusion pay” requirements into a pending final long-term COVID-19 worker-protection standard, further escalating the controversy over the decision by top officials in Gov. Gavin Newsom’s (D) administration to cut those mandates over unions’ objection.

California OSHA (Cal/OSHA) has released its potential final COVID-19 worker-protection rules, including revisions to the prior draft’s controversial definition of “close contact” but maintaining the removal of mandatory “exclusion pay” for employees -- a move already drawing fire from labor unions that urged officials to reinstate the provision.

California OSHA (Cal/OSHA) officials are advancing stringent new lead-exposure safety rules for the construction and general industry sectors, including a dramatically stricter exposure “action level” that triggers a suite of required actions by employers to protect workers, just as federal OSHA is eyeing the state rule as a possible model, sources say.

Labor groups and employers used a recent hearing on OSHA’s plans for a long-promised update to the process safety management (PSM) standard to set out competing demands for the rulemaking, while officials from the agency itself vowed to ensure the new policy will still be “compatible” with EPA’s pending revisions to its own facility safety rule.

California Gov. Gavin Newsom (D) has signed legislation to strengthen California OSHA’s (Cal/OSHA) worker-safety standards for heat and wildfire smoke, despite strong opposition by a coalition of employer and industry groups that argued the bill improperly sidesteps the normal rulemaking process.

OSHA has postponed its public hearing on potential changes to the process safety management (PSM) standard and extended the deadline for written comments, giving stakeholders more time to weigh in on a range of possible changes that include expanding the rule to cover oil and gas facilities, and updating its list of “highly hazardous” chemicals.

Top OSHA officials told advisory panels this week that the agency is poised to advance several long-awaited rules on heat illness, protective gear and more after it completes its permanent COVID-19 safety standard for the healthcare sector, saying the staffing demands of that project have sidelined even major priorities for the Biden administration.

Employers’ attorneys and labor groups are offer contrasting legal and other strong objections to California OSHA’s (Cal/OSHA) proposed long-term worker safety standards for COVID-19, setting up an imminent debate for the agency’s standards board on what changes -- if any -- to adopt in a final rule.

OSHA has sent for White House review a long-delayed proposed rulemaking that the agency says is designed to “clarify the requirements” for fitting workers with personal protective equipment (PPE) in the construction sector, over three years after it first announced it was working on the changes.

California construction industry representatives are attacking an informal proposal by California OSHA (Cal/OSHA) to adopt federal fall-protection safety standards for residential frame construction that the employers argue are less protective than the state’s existing policy, and are seeking a meeting with federal OSHA, Cal/OSHA, labor and other stakeholders.