The short answer is regulatory limbo. OSHA’s Heat Stress rule, called “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” was part of the Spring 2025 Regulatory Agenda. OSHA also held public hearings in mid-2025 and ended the post-hearing comment period in October of last year. The Agenda did not provide a specific target date for the final rule, thus creating much uncertainty about its future. If it eventually moves forward, it is also likely to contain significant revisions from its current form.
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OSHA and NY Workplace Violence Update in Health Care
OSHA does not have a specific rule that addresses workplace violence in general industry or health care, although it has long discussed the need for such rules. During the Biden Administration some progress was made to advance a workplace violence rule in health care. However, such a proposed rule, “Workplace Violence in Health Care and Social Assistance,” was moved to the Long-Term Action item in the Spring 2025 regulatory agenda. This effectively means that nothing will happen for at least a year and, given the current deregulatory efforts, likely much longer than that.
Read MoreOSHA Snapshot Updates
Federal Shutdown: As the longest federal shutdown drags onward, OSHA continues to operate on a skeletal staff. With limited exceptions that include the inspection of imminent danger situations, inspection of workplace fatalities, review of whistleblower complaints, and follow up inspections of establishments with high gravity, serious violations, and no abatement, all other non-essential operations have ceased and most of OSHA’s staff have been furloughed. Employers are reminded that the shutdown does not suspend any OSHA related obligations including compliance with safety and health standards and/or contesting citations within 15 working days.
Read More7th Circuit Upholds Criminal Convictions Under OSHA
A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational Safety and Health Act does provide for criminal penalties.
Read MoreQ and A With A Former OSHA Assistant Area Director
Today, OSHA Chronicle (“OC”) sits down with safety and health consultant John Bednarik (“JB”).
OC: Hi John. To start, can you share your safety and health background with our readers?
JB: Of course. Prior to starting my own safety and health consultant company which focuses on safety and accident investigations for OSHA compliance in the workplace, I spent 22 years working for OSHA of which 5 of those were as an Assistant Area Director. During my time with OSHA, I conducted approximately 1000 on-site inspections and supervised about another 1000. Approximately 130 of those investigations were fatality cases. I also have been consulting labor law attorneys with their construction cases. Prior to OSHA I was a tool and die maker, tool room manager, plant manager in machine trades for 30 years which served as a segue into Federal OSHA.
Read MoreNew York Enhances Protections for Retail and Warehouse Workers
As the new Administration has emphasized that federal deregulation is a priority, it is expected that many states will step into the anticipated void left by federal labor agencies such as OSHA. Not surprisingly, New York is one of those states.
Read MoreOSHA Kicks Off New Year With Final PPE Rule In Construction
Happy New Year!
After approximately a decade of discussing a properly fitting PPE Rule in the construction industry, OSHA’s Final Rule becomes effective January 13, 2025. The Final Rule explicitly requires that PPE is selected to ensure that it “property fits” affected employees.
California and New York Pass Workplace Violence Laws: Is Federal OSHA Next?
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.
Read MoreOSHA’s New Severe Injury Report Dashboard: More Public Shaming or a Tool to Help Prevent Injuries/Illnesses?
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.
Read MoreOSHA Mid-Year Rulemaking Update
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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