Enforcement

States and industry attorneys are instructing employers who operate under OSHA-approved state plans to ignore a recent enforcement directive from federal OSHA that stated that the employers are required to submit their injury and illness data as required under the 2016 Obama-era recordkeeping update rule by July 1.

Reversing an earlier guidance, OSHA is now requiring employers in the 26 states, Puerto Rico, and the Virgin Islands that operate under OSHA-approved state plans to submit injury and illness data as required under the 2016 Obama-era recordkeeping update rule by July 1, even if the employer is covered by a state plan that has not yet adopted an equivalent state rule.

A coalition of local safety and health groups say that an uptick in worker deaths in 2016 should prompt the Trump administration to boost OSHA funding for inspections, arguing that increased resources for workplace safety and health programs and more robust agency follow-up enforcement would help prevent worker deaths.

OSHA's review commission is seeking unusual public input on whether and how regulators can address workplace heat stress cases under the agency's general duty clause, as a company is challenging a citation arguing that the Secretary failed to establish that the hazard existed or that the employer could have reasonably recognized such a hazard.

OSHA's Occupational Safety and Health Review Commission (OSHRC), which reviews administrative decisions, has found that inspectors with expired credentials still have the authority to cite employers for alleged violations and that it is the employers' responsibility to examine the officer's card before the inspection to ensure that they are “appropriate credentials."

A House hearing on Trump administration calls to prioritize collaborative approaches with industry at OSHA highlighted a sharp divide on the issue, with Republicans and industry seeking to simplify regulatory requirements and ease enforcement while Democrats called for strict enforcement to deter bad actors and promoted a bill to bolster protections under the Occupational Safety and Health (OSH) Act.

House lawmakers are holding a Feb. 27 hearing where they plan to explore ways to bolster Trump administration calls to increase OSHA's focus on collaborative compliance-focused approaches with industry, an effort intended to avoid the Obama-era's focus on strict enforcement but which Democrats say jeopardizes worker protections.