On October 16, 2024, the U.S. Occupational Safety and Health Administration (OSHA) announced expanded guidance for animal slaughtering and processing industry inspections that supersedes previous inspection guidance. Check out our in-depth post concerning this regulatory update on Husch Blackwell’s Climate Solutions Legal Digest blog.
This past July, OSHA’s Colorado offices published a Local Emphasis Program regarding workplace hazards associated with cannabis production. Check out our blog post on Cannabis Law Now.
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.
In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with criminal liability by their failure to take ordinary care to act appropriately, and are, therefore, being tried for four counts of involuntary manslaughter. The mother was recently convicted.
Other parents in the last few months have pled guilty to charges of reckless conduct or neglect in these situations. Given this pattern, it is reasonably foreseeable that employers—if such shootings take place in the workplace—may also be prosecuted or subject to stiff personal injury claims due to shootings in the workplace, if they do not follow at least the minimum standards as set out in state law regarding restrictions on weapons in the workplace.
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 11, 2023, the Occupational Safety and Health Administration (“OSHA”) announced that it will be “replacing traditional hard hats used by its employees with more modern safety helmets.”
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 Occupational Safety and Health Administration (“OSHA”) released its latest regulatory agenda on December 11, 2023. According to the agenda, OSHA intends to advance several long-promised rules in either the final days of 2023 or early 2024.
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.