Category: Uncategorized

The OSHA Chronicle would like to thank the team at Matrix New World Engineering for its guest blog article.

Whether you’re operating a small print shop, a food processing plant, or an advanced manufacturing facility, chances are your employees encounter a variety of chemicals on a daily basis. Some of these may be obvious, like solvents or disinfectants, while others are more subtle, such as vapors released during routine processes.

OSHA recently renewed its national emphasis program focused on preventing amputations in manufacturing, effective June 27. The national emphasis program will remain in place for five years, and programmed inspections may begin on September 25. The renewal of the program is not surprising, given that LOTO and machine guarding are continuously listed in OSHA’s annual Top 10 most frequently cited standards. Amputations are also a common reason why manufacturing employers are required to self-report a severe injury, which typically triggers an OSHA inspection.

A recent standard interpretation letter dated April 29, 2025, addressed whether employers may use software-generated documents in place of the OSHA-required injury and illness recordkeeping forms, specifically Forms 300 (injury log) and 300A (annual summary).

As previously discussed on our blog, in September of 2024, New York passed a law requiring retail employers with 10 or more retail employees anywhere in New York to take certain safeguards to protect employees from workplace violence with staggered compliance deadlines. The first deadline of June 2, 2025, required implementing a model workplace violence policy and model training to be published by NYS DOL (or a policy/training that equals or exceeds the model’s standards). On May 29, 2025, NYSDOL released its model workplace violence training policy model training (in both English and Spanish) and FAQs. See here.

OSHA’s website recently added advice to employers, particularly in retail and warehousing, to help keep their employees safe this holiday season and linked a video on the Department of Labor’s YouTube page containing nine holiday season safety tips. The tips include: (1) training workers on safety work practices in a language they understand; (2) providing hands-on training for new workers on using equipment safely; (3) ensuring delivery service and warehouse employees wear bright, visible clothing; (4) preventing injuries by properly stacking materials and making sure workers stand clear when doors are opened for unloading; (5) creating a detailed and flexible staffing plan to help reduce workplace stress; (6) implementing an emergency action plan when large crowds are expected; (7) making sure entrance and exit signs are visible; (8) encouraging workers to report safety and health issues; and (9) understanding seasonal workers have the same rights as full-time workers.

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:

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.

On July 2, 2024, OSHA released its long-awaited national heat illness and injury prevention standard, as predicated in an earlier blog article. It applies to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agricultural industries with limited exceptions.

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.

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.