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
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.
- Visit the OSHA Injury Tracking Application (ITA) website for more information.
- Submit your Form 300A information by March 2, 2023.
OSHA Frequently Asked Questions
Establishments in the following industries with 20 to 249 employees must submit injury and illness summary (Form 300A) data to OSHA electronically
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
Due August 29: OSHA Seeking Comments On Proposed Rule For Lead Exposure In General Industry, Construction
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.
- Review your OSHA Form 300A reporting obligation and ensure that you have a procedure in place to timely file required data.
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.
- Submit your comments at Regulations.gov by May 31, 2022.
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.
- Post your Form 300A in the workplace by February 1, 2022.
- Submit your information to OSHA by March 2, 2022.
Establishments in these industries with 20 to 249 employees must submit injury and illness summary (Form 300A) data to OSHA electronically
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.
Employers should be aware of federal and state, where applicable, penalties that may impact them and review their compliance programs.
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.
- 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.
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