OSHA Update

We are seeing an increase in activity coming out of OSHA well into the summer, and below is a brief update of activities that we, along with the Construction Industry Safety Coalition (CISC), are actively monitoring:

• OSHA Announces NEP on Fall Prevention: As of May 1, OSHA has begun a National Emphasis Program focusing on reducing fall-related injuries and fatalities for people working at heights across all industries. More specifically, the program establishes guidance for locating and inspecting fall hazards, and allows OSHA compliance safety and health officers to open inspections whenever they observe someone working at heights.  As stated in the NEP, OSHA “anticipates that most of the inspections will occur in construction because the majority of the fatal falls to lower levels each year occur on construction worksites.”
• Workplace Injury and Illness Recordkeeping Final Rule under OMB Review: The Office of Information and Regulatory Affairs received from OSHA the final rule on its electronic tracking of workplace injuries and illnesses. If issued, the rulemaking would likely require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year, among other things.
• President Biden Signs Regulatory Review Executive Order: On April 6, President Biden issued an Executive Order (EO) on “Modernizing Regulatory Review,” which aims to facilitate the initiation of meeting requests from potential participants who have not historically requested such meetings, as well as to improve the efficiency and effectiveness of E.O. 12866 meetings. Of concern to CISC is the potential for associations, coalitions, and even individual associations represented by coalitions to be more easily denied E.O. 12866 meetings with the Office of Management and Budget, because of the frequency in which they request meetings. Additionally, OMB is accepting comments in response to implementation of Section 2 (e) of the EO, which includes language on establishing a new process for these meetings, through June 6th.
• Heat Injury and Illness Standard Update: As we continue to track movement on this issue, representatives from OSHA have publicly stated the agency intends to initiate the SBREFA panel process in early May. The Steering Committee is working to select a representative(s) to represent the coalition, but we would also advise you to begin identifying your small business/small entity members and clients who would be interested in participating in the panel.
• OSHA PPE Proposed Rule Clears OMB Review: On April 4th, the Office of Management and Budget approved OSHA’s draft proposed rulemaking clarifying the requirements for the fit of PPE in construction. As of now, the proposed rule has not been published on the Federal Register or OSHA websites, but we expect text to come out soon.