Enforcement

OSHA is proposing to reinstate and codify a controversial Obama-era guidance allowing third parties such as union representatives to accompany agency officials on inspections even when they do not work for the employer under review, saying the expanded approach will bolster worker representation in OSH Act enforcement.

OSHA has signed an enforcement settlement with the pharmacy giant Rite Aid that will require new worker protections against bloodborne pathogens at “approximately 370” stores in two states, after the agency found violations of that standard at a Niagara Falls, NY, location in 2022.

The train operator involved in the Feb. 4 train derailment and chemical spill in East Palestine, OH, has reached a settlement with OSHA and its own union to resolve four citations issued regarding worker safety violations and hazards, agreeing to add new medical surveillance and emergency response training, among other commitments.

A Georgia construction company will ask the U.S. Court of Appeals for the 11th Circuit to review a case where an administrative law judge (ALJ) upheld an OSHA citation for fall-protection violations by a subcontractor under the firm’s control, based on a finding that it exercised “no care” as the controlling employer at its job site.

OSHA recently posted a slew of new regulatory interpretation letters offering responses to employers’ and industry professionals’ questions on matters such as the categories of chemicals considered “associated with” formaldehyde gas, occupational noise exposure standards, shipment of hazardous materials and silica dust exposure control methods.

The U.S. Court of Appeals for the 5th Circuit has upheld OSHA’s enforcement citation for a 2016 accident where a crane being prepared for dismantling touched a live power line, rejecting the employer’s argument that safety standards for crane “disassembly” do not apply to preparatory steps leading up to taking the machine apart.

OSHA has announced a new, three-year national emphasis program (NEP) aiming to ramp up inspections and enforcement at warehouses, processing facilities, distribution centers and high-risk retail establishments, following what the agency says is a dramatic increase in their injury rates since 2013.

EPA officials are hoping to sign an agreement with OSHA ahead of final action on their slate of pending TSCA chemical-safety rules that would set terms for the two agencies to coordinate on enforcement of the toxics program’s planned workplace protections, including exposure limits that observers say EPA would struggle to implement on its own.

OSHA is touting a new two-year agreement that it signed last week with an alliance of trade organizations, employers and unions to bolster outreach and education measures for trenching and excavation safety further boosting the agency’s emphasis on those protections after it ramped up inspections last year in response to a rise in accidents and deaths.

The Government Accountability Office (GAO) is urging OSHA to craft a safety standard for meat and poultry workers that would cover infectious disease in a new report that says the agency’s “continuing challenges” in the sector have been deepened by the COVID-19 pandemic, and that it “missed opportunities” to collaborate with other authorities to address them.