Eight New OSHA Initiatives

OSHA is ramping up its enforcement efforts against workplace safety violators. As part of this increased enforcement, there are several significant new OSHA developments impacting American employers.

Liability of general contractors for hazards they did not create and/or where their own employees were not exposed:
February 2009, the Eighth Circuit Court of Appeals in Solis v. Summit Contractors, Inc. held that OSHA regulations do not preclude OSHA from issuing citations to a general contractor under the multi-employer citation policy simply based on the fact that the general contractor 'controls" the worksite regardless of whether or not the general contractor created the hazard or had its own employees exposed to the hazard.

OSHA settlement agreements and additional employer obligations:
Employers should be aware that OSHA is mandating uniformity in the language of ALL settlement agreements. Additionally, OSHA is including in all settlement agreements language that seeks to use the settlement process as a way to get employers to agree to undertake additional obligations.

Recordkeeping:
On October 1, 2009, OSHA announced its national emphasis program on record keeping. This emphasis program will include greater scrutiny of employer maintained OSHA logs, whether employers are recording all workplace recordable injuries/illnesses, and more.

Protecting America's Workers Act:
This legislation is currently pending before Congress and is supported by President Obama. The bill proposes significant changes to the OSHA Act, including enhanced civil and criminal penalties, changes in abatement requirements, revisions to the whistle blower structure, and expansion of victim's rights. If passed, this new legislation could have significant repercussions for American employers.

Ergonomics revisited:
OSHA has announced a re–emphasis on ergonomic hazards. Under the Clinton Administration, OSHA enacted an ergonomic standard that was to go into effect October 1, 2001, but was repealed shortly after the election of President Bush, Employers should expect this issue to come back to life again under the Obama administration.

Combustible dust standard:
On April 29, 2009, OSHA announced it would initiate rule making on combustible dust hazards (in response to attention called to inspection failures after a 2008 explosion at Imperial Sugar refinery in Georgia that killed 14 people and injured dozens more).

OSHA's Hazard Communication Standard:
OSHA is moving to align its Hazard Communication Standard (HCS) (29 CFR 1920.1200) with the provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals.

Per employee penalties for PPE and training violations:
OSHA has issued its final rule allowing OSHA to cite employers on a "per employee basis" for failure to wear/use required personal protective equipment (PPE).