OSHA Workplace Compliance News & Resources
The U.S. Occupational Safety and Health Administration ensures safe and healthy working conditions for all workers and enforces whistleblower rules.
In light of the pandemic and beyond, OSHA’s mission is more important now than ever and it will continue to make a lasting difference in the lives of our nation’s workers, their families and their communities.
Here is the latest news from OSHA and KPA’s library of compliance resources to meet OSHA requirements. Be sure to seek legal counsel when you’re looking for how these changes will directly impact your business.
Past OSHA Workplace Compliance News
Occupational Safety and Health Administration (OSHA) revised its rule on who can participate in on-site walkaround inspections. The updated rule allows employees to designate a representative who isn’t an employee, such as an industrial hygienist, union representative, or attorney, to accompany the OSHA Compliance Safety and Health Officer (CSHO) during inspections.
This significant change underscores the importance of being prepared for OSHA visits, understanding employer rights, and ensuring that all visitors, including third-party representatives, comply with site-specific safety and confidentiality policies.
What To Do:
- Draft or Update Onsite Regulatory Agency Visit Policies: Develop or revise policies that outline how to manage unannounced OSHA inspections, including greeting the CSHO, verifying credentials, discussing the inspection scope, and managing information disclosure.
- Training: Train management and staff on the updated procedures, focusing on maintaining compliance with safety regulations and managing inspections efficiently without compromising the dealership’s confidentiality or safety standards.
- Understand Employer Rights: Familiarize yourself with the employer’s rights during an OSHA inspection, particularly concerning the admission of third-party representatives and the protection of trade secrets.
- Visitor Policy Update: Review and update visitor policies to ensure they include provisions for third-party representatives, such as requiring check-ins, background checks, safety briefings, and adherence to personal protective equipment (PPE) requirements.
- Document and Communicate: Ensure that all staff know where safety records and programs are located and establish a protocol for documenting and immediately addressing any hazards identified during an inspection.
- Compliance and Cooperation: Emphasize the importance of full cooperation with the OSHA inspection process, from the initial greeting to the closing conference, while also ensuring that any corrective actions are taken promptly to mitigate hazards.
Additional Resource: OSHA Worker Walkaround Designation Process FAQ
Who: All employers
When: Effective immediately
On January 16, 2024, the U.S. Department of Labor (DOL) published updated civil penalties for workplace safety violations. The DOL annually adjusts the penalties the Occupational Safety and Health Administration (OSHA) may assess so that the penalties keep pace with inflation as measured by the Consumer Price Index for All Urban Consumers.
Each type of violation has a corresponding minimum and maximum penalty. The maximum penalty for willful or repeated violations increased to $161,323. The maximum penalty for serious and other-than-serious violations, violations of posting requirements, and failure-to-abate violations increased to $16,131.
Penalties may differ for employers that do business in states where the state OSHA enforces the Occupational Safety and Health Act.
How:
- Review the 2024 OSHA penalties.
Additional Resources:
Who: Covered employers
When: Effective January 1, 2024; submit data by March 2, 2024
On July 17, 2023, the U.S. Occupational Safety and Health Administration (OSHA) released a final rule that requires additional employers to submit workplace injury and illness information electronically. The rule is effective on January 1, 2024, and its purpose is to decrease the number of workplace injuries and illnesses.
Employers in certain high-risk industries with 100 or more employees are newly affected by the law and must electronically submit their OSHA Forms 300 and 301 on an annual basis. Employers with 250 or more employees at a worksite must continue to submit Form 300A annually. Employers in certain high-risk industries with 20 to 249 employees must continue to submit Form 300A annually. Employers should count the number of employees by physical location and not for the company as a whole.
The new rule requires companies to include their company name when submitting forms electronically to OSHA. It also updates the classification system that determines which industries must submit the forms, so more businesses are now subject to the rule.
Employers must submit their incident reports for the 2023 calendar year electronically by March 2, 2024. OSHA plans to make public some of the data and cases, so employers need to be careful about over-recording details that could compromise employees’ anonymity.
Employers may not retaliate against employees for reporting work-related injuries or illnesses.
How:
- Determine if you are a covered employer under the final rule.
- Review your recordkeeping policies and procedures and update them as needed to comply with the law.
- Avoid recording extraneous details in your reports.
- Check whether you are subject to different requirements if you report to a state agency rather than federal OSHA.
Additional Resources:
Injury & Illness Recordkeeping Forms – 300, 300A, 301
Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses
Who: All industries, although specifically calls out construction activities and:
- Rooftop mechanical work/maintenance
- Utility line work/maintenance (electrical, cable)
- Arborist/tree trimming
- Holiday light installation
- Road sign maintenance/billboards
- Power washing buildings (not connected to painting)
- Gutter cleaning
- Chimney cleaning
- Window cleaning
- Communication Towers
What: On May 1, 2023, OSHA released a new National Emphasis Program in conjunction with the National Safety Stand-Down to Prevent Falls in Construction. Although there aren’t any new additions to the current fall protection regulatory standards, the emphasis program empowers OSHA officials to initiate additional programmed inspections specific to fall protection and conduct spot inspections when observing employees working at dangerous heights without fall protection measures.
In a quick review, for general industry, OSHA states that fall protection must be implemented to prevent falls to a lower level at 4 feet or greater and for construction activities it is 6 feet or greater. The most recent update to the standard provided exceptions for service pits if the pit is clearly identified with signage and markings 6 feet around the pit opening.
Within 60 days, State Plans will need to inform OSHA if they will adopt the new NEP or if they’ve already implemented policies and procedures that are as effective or equivalent to the program.
What should you do?
- Consider this a reason to review fall protection policies and procedures with your teams.
- Conduct an assessment for fall hazards.
Who: Covered employers
When: Submission deadline March 2, 2023
Covered employers are those establishments in certain industries with 20 to 249 employees must submit their 2022 injury and illness data electronically on Form 300A by March 2, 2023, on the 300A form. There is a new process for submission. Employers must connect the ITA account to a Login.gov account with the same email address. This change is due to the U.S. Department of Labor’s implementation of new technology in an effort to modernize its procedures and enhance security.
How:
- Visit the OSHA Injury Tracking Application (ITA) website for more information.
- Submit your Form 300A information by March 2, 2023.
Additional Resources:
OSHA Frequently Asked Questions
OSHA Injury Tracking Application (ITA) Website
OSHA ITA Coverage Application Create a Login.gov Account
OSHA ITA Coverage Application Website
OSHA Injury Tracking Application (ITA) Login
OSHA Injury Tracking Application Account Creation and Login Procedures Video
Who: General Industry and Construction employers
When: Public Comments due August 29
What: In the June 28 edition of the Federal Register, OSHA announced it is seeking comments on blood lead levels that would require the medical removal from work and returning to work. The agency is also looking for input on:
- Medical surveillance, like triggers and blood lead monitoring frequency
- Exposure limits
- Other provisions including PPE, housekeeping, hygiene, and training
Currently, OSHA’s rules state that medical removal from work must occur when blood lead levels are 60 micrograms/deciliter or more for general industry and 50 micrograms/deciliter or more for construction. In order to return to work, the individual must have a blood lead level of less than 40 microgram/deciliter.
Comments can be submitted on regulations.gov.
KPA will continue to monitor this issue and provide updates and recommendations accordingly.
Who: All employers
When: Effective immediately
What: On April 4, 2022, OSHA issued an internal memorandum regarding the requirement for employers to electronically submit their injury and illness records. Because the number of submitted reports is significantly lower than the expected number of reports, OSHA suspects noncompliance. Therefore, the agency will run a computer program on a weekly basis to determine who is likely not complying. They will distribute said reports to regional administrators, have them check validity, and ask administrators to follow enforcement procedures.
The agency can issue a citation for violating the rules only if the violation is within six months of the reporting deadline. In any case, employers who are required to report should take care to ensure they’re meeting their reporting obligation.
How:
- Review your OSHA Form 300A reporting obligation and ensure that you have a procedure in place to timely file required data.
Additional Resources:
Who: All employers
When: Comments due by May 31, 2022
What: On March 28, 2022, the Occupational Safety Hazard Administration (OSHA) announced proposed rule changes that would update the classification system it uses to determine which industries must submit Form 300A data electronically through the OSHA reporting portal. Form 300A is what employers use to report their employee injury and illness data.
Businesses that have 250 or more employees and are NOT in a designated industry would no longer have to submit the Form 300A data.
Businesses with 100 or more employees that are classified in certain high-hazard industries would have to start submitting the Form 300A data.
Businesses with 20 or more employees in certain high-hazard industries would have to continue submitting Form 300A.
By changing the industry designations and making the proposed changes, OSHA anticipates it will 1) be better able to focus resources on businesses where workers are at high risk of illness and injury and 2) respond to emerging hazards. The public may submit comments until May 31, 2022.
How:
- Submit your comments at Regulations.gov by May 31, 2022.
Additional Resources:
Who: Covered employers
When: Post in workplace by February 1, 2022; submit to OSHA by March 2, 2022
What: Covered employers must submit Form 300A data electronically to OSHA by March 2, 2022. The requirement applies to establishments with 250 or more employees that are currently required to keep OSHA injury and illness records. It also applies to establishments with 20 to 249 employees in specific industries with high rates of injury and illness.
Covered employers must post their injury and illness data via the OSHA Form 300A in a visible area of the workplace between February 1 and April 30, 2022. The form should contain case information for 2021.
How:
- Post your Form 300A in the workplace by February 1, 2022.
- Submit your information to OSHA by March 2, 2022.
Additional Resources:
Who: U.S. businesses
When: Effective January 15, 2022
What: OSHA recently published its increase in penalties based on annual inflation. These fines will take effect for assessments conducted after January 15, 2022.
- Serious: $14,502/violation
- Other than Serious: $14,502/violation
- Posting Requirements: $14,502/violation
- Failure to Abate: $14,502/day beyond the abatement date
- Willful or Repeated: $145,027/violation
For those states that operate their own Occupational Safety and Health Plans, their penalties must at least match federal OSHA or be more stringent.
Next Steps:
Employers should be aware of federal and state, where applicable, penalties that may impact them and review their compliance programs.
Additional Resources
Who: United States employers and employees
When: Effective immediately
What: On January 12, 2022, the Occupational Safety and Health Administration announced that it would adopt the most recent CDC guidance for COVID-19 isolation and quarantine periods.
The December 27, 2021 guidance released by the CDC shortened the recommended isolation time for people who test positive for COVID-19 to five days, followed by an additional five days of wearing a mask when in public. Unvaccinated individuals exposed to COVID-19 are also recommended to quarantine for five days, followed by a period of strict mask use for an additional five days.
Employers are still able to mandate a lengthier isolation and quarantine period for employees who test positive for COVID-19.
How:
- If needed, review your current policies and procedures and update them to comply with the new OSHA recommendations.
- Educate and inform your employees about state mandates and safety protocols.
Additional Resources:
OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
CDC Updates and Shortens Recommended Isolation and Quarantine Period for General Population
Resources for Success
OSHA Reporting Resource Hub
If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.
We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.
