State Actions

California OSHA’s (Cal/OSHA) standards board is scheduled to hear debate over whether to amend its workforce safety rules for farming equipment to allow automated tractors and other machines to operate independently in the field, amid pushback from labor and worker-safety groups that say the move would heighten injury and death risks.

California OSHA’s (Cal/OSHA) appeals board has issued what the agency is calling a “precedential” decision affirming that provisions of water at outdoor worksites must be “as close as practicable” to the areas where employees are working to encourage frequent consumption, bolstering the state’s heat-danger protections.

California OSHA (Cal/OSHA) chief Jeff Killip acknowledged that the agency continues to struggle to carry out enforcement amid a 30 percent staff vacancy rate during his recent confirmation hearing, while highlighting his agency’s work on indoor heat worker-safety rules and outreach to both vulnerable employees and businesses to improve performance.

South Carolina is pointing to OSHA’s latest inflation adjustment to enforcement penalties as fresh justification for its ongoing court challenge to the mandate for states to match those increases each year, saying the rulemaking repeats that directive and is ripe for judicial review.

Members of the California legislature have introduced a bill that would reimburse employers’ costs for complying with the state OSHA’s (Cal/OSHA) COVID-19 worker-safety standard in 2023 and 2024 through a new tax credit, with support from agriculture groups that have attacked the standard as unnecessary, overly burdensome and costly.

Newly introduced California legislation would require the state’s OSHA (Cal/OSHA) to adopt standards requiring employers in “all industries” besides healthcare to draft workplace violence prevention plans as part of existing injury and illness prevention programs, in an effort to accelerate such requirements.

California OSHA (Cal/OSHA) has missed its target to unveil the final version of a long-pending update to requirements for first-aid kits for general industry and construction companies, triggering a new comment process and drawing criticism from at least one member of the agency’s standards board, along with employer and worker-safety representatives.

OSHA is backing off its 2022 proposal to scrap its prior approval allowing Arizona to operate an OSH Act state plan, saying state officials have taken “significant actions to address” concerns that drove the withdrawal push, including tying their employer penalties to federal levels and easing procedures to adopt emergency standards mirroring those the agency issues.

Democratic attorneys general (AGs) in seven states are petitioning OSHA to issue an emergency temporary standard (ETS) for occupational heat exposure to take effect on May 1, arguing that workplace heat exacerbated by climate change poses a “grave danger” to tens of millions of employees around the country.

Oregon logging and forestry groups will ask the U.S. Court of Appeals for the 9th Circuit to let them challenge the state’s workplace safety rules in federal court on the theory that state plans are effectively agents of OSHA rather than their own state governments -- an approach that would open the door to bifurcated litigation on a host of issues.