OSHA

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:

Remember injury and illness data must be reported to OSHA electronically by March 2, 2024. OSHA does not send out notifications or reminders to establishments to report injury and illness data (i.e., required data from the Form 300A Summary of Work-Related Injuries and Illnesses, Form 300 Log of Work-Related Injuries and Illnesses, and Form 301 Injury and Illness Incident Report).

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.

The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries.   Healthcare workers have faced a significant increase (63% from 2011-2018) in the incidence of violent and aggressive acts in the workplace, according to the Bureau of Labor Statistics and the Association of American Medical Colleges. According to OSHA, “nonfatal workplace violence is more widespread in the Healthcare and Social Assistance Standard than in any other industry.”

On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative agencies. According to the Fall 2022 Agenda, the Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) are pursuing a long list of thirty regulatory actions, similar to the Spring 2022 agenda, including the addition of a rule regarding Procedures for Use of Administrative Subpoenas in OSHA investigations.

In January 2022, a worker in a Massachusetts cannabis cultivation facility died because of “the hazards of ground cannabis dust,” according to a report issued by the Occupational Health and Safety Administration (OSHA). The OSHA accident investigation report states “Filling pre-rolls She said she couldn’t breathe. Not being able to breathe Marijuana kief (dust) At…