On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%. The chart below applies to any penalties assessed after January 15, 2025, including penalties whose associated violations occurred before that date.
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On August 30, 2024, OSHA formally published its heat safety standard for indoor and outdoor work in the Federal Register, starting a 120-day public comment period.
On July 2, OSHA unveiled its proposed heat safety rule, currently awaiting official publication in the Federal Register. This rule aims to protect employees from heat-related injuries and illnesses by establishing comprehensive requirements for employers, as outlined in a White House Fact Sheet.
The proposed rule is part of broader effort by the Biden Administration to respond to the impacts of climate change. Once the proposed rule is published in the Federal Register, the public is encouraged to submit written comments on the rule. Key rule provisions include:
OSHA has been working a proposed standard for indoor and outdoor heat illness since 2021. This month the proposed standard has been sent to the White House’s Office of Information and Regulatory Affairs (OIRA) for review.
While the language of the proposed standard has not be released, the rule is expected to include temperatures that trigger requirements under the rule such as mandatory rest breaks. OSHA has previously stated the rules to protect workers from heat illness would be followed after the heat index reaches 80 degrees Fahrenheit.
On March 29, 2024, OSHA released the final version of its new rule that could reshape future OSHA inspections.
On December 21, 2023, the Occupational Safety and Health Administration (OSHA) unveiled an unofficial version of its proposed Emergency Response Rule. The Emergency Response Rule, if finalized, would replace an existing rule applicable to firefighters with a much broader rule that also covers emergency medical personnel and search-and-rescue workers. The Rule aims to resolve what the agency has described as a “patchwork” of unrelated standards for emergency workers and will address a variety of workplace hazards, including exposure to toxic chemicals, equipment failures, infectious diseases, and the mental health impact of first-responder positions.
On December 19, 2023, MSHA announced a final rule to have written safety programs for surface mobile equipment (excluding belt conveyers) at surface mines and surface areas of underground mines.
Both the Part 56 and Part 57 rule requires:
The following are updates on recent policy and rulemaking efforts by the agency. Please reach out to your Husch Blackwell workplace and health contact with any questions.
The Department of Labor (“DOL”) announced a notice of proposed rulemaking on August 29, 2023, concerning who employees can authorize to act as their representative during Occupational Safety and Health Administration (“OSHA”) workplace inspections.
MSHA has published the proposed silica rule on their website. Among other things, MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full shift exposure, calculated as an 8-hour time-weighted average for all miners.