Author: John Ho

OSHA Publishes the Top Ten Violations of 2024

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Following historical precedent, OSHA’s top ten cited violations for 2024 surprise no one. They all appeared on last year’s list, although their relative positions changed a bit. Fall protection (general requirements) remains the most cited citation and has held the spot for the fourteenth consecutive year.

The full list in order appears below:

  1. Fall Protection (General Requirements)
  2. Hazard Communication
  3. Ladders
  4. Respiratory Protection
  5. Lockout/Tagout
  6. Powered Industrial Trucks
  7. Fall Protection (Training Requirements)
  8. Scaffolding
  9. Personal Protective and Lifesaving Equipment (Eye and Face Protection)
  10. Machine Guarding

The good news is that 2024 saw a nearly 10% decrease in the total number of violations cited on the top 10 list compared to 2023. For employers wishing to review workplace safety programs or start new ones, the top ten list is always a good place to start.

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California and New York Pass Workplace Violence Laws: Is Federal OSHA Next?

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When California’s workplace violence prevention law took effect on July 1, 2024, it joined a handful of other states, including Connecticut, Illinois, Maryland, Minnesota, New Jersey, Oregon, and Washington, that have some type of similar law. On September 4, 2024, Governor Hochul signed into law the New York Retail Worker Safety Act, which is intended to increase safety in the retail industry. Covered New York employers will be required to adopt a workplace violence prevention plan, which must include: (1) a list of factors or situations that may place retail employees at risk of workplace violence; (2) methods to prevent incidents of workplace violence; (3) information on legal provisions regarding violence against retail employees and remedies for victims; and (4) an anti-retaliation statement. Most provisions will take effect on March 1, 2025. New York will also require employee training in areas such as de-escalation techniques, active shooter drills, emergency procedures, and instructions on using security alarms, panic buttons, and other emergency devices. Notably, employers with 500 or more retail employees nationwide will also be required to provide access to panic buttons in the workplace or equip each employee with a wearable or mobile, company-issued panic button by January 1, 2027.

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OSHA’s New Severe Injury Report Dashboard: More Public Shaming or a Tool to Help Prevent Injuries/Illnesses?

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OSHA requires employers to report a fatality or severe injury (“SIR”). Generally, a fatality must be reported within 8 hours, and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. Information about the SIR requirement can be found here: https://www.osha.gov/report.

After an SIR is filed, OSHA will normally conduct a formal inspection or request information about the SIR to determine whether further investigation is necessary. If employers receive an information request, it is important that they provide timely and sufficient information to OSHA regarding the root cause of the SIR and abatement efforts to avoid a formal inspection. Although every case is different, it is generally not recommended to simply complete the non-mandatory investigation questionnaire; rather, it is recommended to submit a concise and focused position statement addressing OSHA’s questions and other relevant information to assist OSHA in its assessment.

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OSHA Opines When Motor Vehicle Injuries Are Work-Related

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In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that injuries that occur when an employee is on travel status are work-related, if, at the time of the injury, the employee was engaged in work activities “in the interest of the employer.” OSHA continued by providing examples of such activities to include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business with the caveat that work-related entertainment only includes entertainment activities engaged in at the direction of the employer.

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OSHA Issues Guidance On Whether Musculoskeletal Treatments Are Recordable

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In an enforcement memorandum dated May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique (ART) (massage that targets soft tissues), and exercises and stretching.

In doing so, OSHA reminded employers that the definition of “first aid” set forth in 29 CFR 1904.7(b)(5)(ii) is a comprehensive list of first aid treatments. Any treatment not included on the list is considered medical treatment beyond first aid and, thus, generally meets recording criteria.

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OSHA Mid-Year Rulemaking Update

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As we head into the midway point of 2024, we wanted to provide a brief update on significant OSHA rulemaking developments.

Heat Stress: OSHA recently took a critical step in implementing its long-awaited heat stress rule by presenting the draft rule’s initial regulatory framework at a meeting of the Advisory Committee on Construction Safety and Health on April 24, 2024. The Committee unanimously recommended OSHA move forward on the Notice of Proposed Rulemaking. It is more likely now that we may see the rule this summer.

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Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA?

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Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the area of law at issue. Thus, employers could find themselves in a situation where the IRS determines that a specific factual relationship to be an independent contractor while a state Department of Labor for purposes of Unemployment Benefits may determine otherwise. Obviously, such conflicting decisions place the employer in a tricky predicament.

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OSHA Increases Maximum Civil Money Penalties to Start the New Year

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Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the maximum penalty for willful or repeat violations increased from $156,259 per violation to $161,323 per violation. The increases became effective as of January 16, 2024.

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