I recently attended an OSHA regulatory update for this year. Here’s what I learned:

1)     OSHA’s Maximum Penalty Levels increased to keep up with the cost of living adjustment for 2024: $6,131 for serious/other than serious/posting requirement violations; $161,323 for willful or repeat violation; and $16,131 per day for Failure to Abate a violation.

2)     There were 5,486 workplace fatalities in 2022, up over 5% from the preceding year. Construction and Transportation & Warehousing industry sectors reported the highest numbers of fatalities; however, agriculture/ forestry/fishing/hunting had highest fatality rate (18.6 per 100,000 workers).

3)     OSHA continues to implement National Emphasis Programs to focus regulatory efforts on specific hazards and high-hazard industries. Active NEPs include: heat combustible dust, machinery, hexavalent chromium, lead, primary metal industries (ex., iron foundries & establishments that manufacture nails, insulated wires and cables, steel piping, and copper and aluminum products), process safety, shipbreaking, silica, trenching & excavation, Covid-19, Fall Protection, warehousing & distribution.

4)     There are also several OSHA Region 4 (AL, FL, GA, KY, MS, NC, SC, TN) Local Emphasis Programs in effect. The LEPs include: construction, sanitation and cleanup operations, electrical hazards, landscaping and horticultural services, noise, poultry processing, powered industrial trucks, and the auto parts industry (vehicle parts manufacturing).

5)     OSHA has a healthy regulatory agenda this year. We’re anticipating the release of several Final Rules that address the hazard communication standard, worker retaliation complaints, Covid-19 in healthcare, improved tracking of workplace illness and injuries, and other issues.

6)     OSHA is also contemplating several proposed rules. While these proposed rules may never happen, the areas of OSHA’s regulatory interest include infectious diseases, communication towers, lockout/tagout, tree care, welding in confined spaces, and PPE. Some longer term actions being considered by OSHA include powered industrial trucks, respiratory silica and the Covid 19 Vaccination and Testing ETS (yes, OSHA hasn’t forgotten this).

Looking to discuss the fitness of your OSHA and EPA compliance program? Contact Elliott Consulting Group for trusted advice concerning the regulatory requirements applicable to your business.