Oodles of OSHA policies extended, revised, added, or axed
In the waning weeks of the last administration, OSHA was “full steam ahead” with its enforcement directives and memos. Since November, the agency extended two, updated four, added one, and cancelled one. OSHA directives and memos are like instructions for OSHA offices and inspectors. In this way, enforcement and other agency activities are consistent nationwide.
The changes come on the heels of a flurry of earlier memos in 2024. Those dealt with meat plants, ergonomics, injury reporting, and walkaround representation. They also covered issuing citations and enforcement exemptions.
No doubt the new administration will pore over “all” of OSHA’s enforcement documents, not just the latest ones. Therefore, it’s important to keep an eye on any shifts in enforcement strategy from the agency. Knowing what OSHA is targeting may help you prioritize your compliance efforts.
Heat NEP extended
On January 16, the agency extended its National Emphasis Program (NEP) on outdoor and indoor heat-related hazards. The program was due to expire April 8, 2025. However, OSHA extended it until April 8, 2026. The program (described in CPL 03-00-024) targets over 70 high-risk industries when a heat warning or advisory is issued for a local area. Inspections are also conducted for heat-related fatalities, complaints, and referrals, no matter the industry.
Between April 8, 2022, and December 29, 2024, OSHA:
- Conducted about 7,000 heat-related inspections,
- Issued 60 heat citations for violations of the General Duty Clause, and
- Handed out 1,392 Hazard Alert Letters.
Amputations NEP extended
OSHA argues that employees are frequently injured when working on or around machinery and equipment. This is especially the case with insufficient guarding and/or energy control procedures. For that reason, on November 18, OSHA directed its offices to continue inspections under CPL 03-00-022 until June 30, 2025. That’s the NEP on amputations in manufacturing. It targets industrial and manufacturing workplaces with machinery and equipment that could cause amputations.
Injury/illness recordkeeping directive revised
Effective January 13, OSHA issued CPL 02-00-172. This directive provides enforcement guidance for 29 CFR 1904, which goes over injury and illness recordkeeping and reporting. The latest directive replaces a 20-year-old CPL.
OSHA says the new CPL reflects updated recordkeeping policies. It also incorporates revisions related to exemptions, employee rights, and electronic submissions. These stem from final rules published in 2014, 2016, 2019, and 2023.
Vessels directive revised
On November 13, OSHA published CPL 02-01-066. The directive concerns the agency’s authority over workers not only on vessels but also at facilities on/adjacent to U.S. navigable waters or on the Outer Continental Shelf.
The new directive provides guidance related to towing vessels, marine construction, and personal flotation devices. It supersedes older directives.
List of low-hazard industries revised
On November 14, OSHA issued a memo with a revised table listing “low-hazard industries.” These industries had days away, restricted, or transferred work injury/illness incidence rates in 2023 below the national private sector average. That national average was 1.5 per 100 full-time equivalent workers.
The table is referenced in CPL 02-00-170, which provides enforcement exemptions and limitations as required by Congress. Check out the article, “Is YOUR location immune from OSHA safety inspections?”
Penalty adjustments revised
On January 7, OSHA issued its memo, “2025 Annual Adjustments to OSHA Civil Penalties.” The memo goes over gravity-based penalty amounts for serious violations. While high gravity violations can reach $16,550, low gravity violations are just $7,093. A maximum $16,550 penalty may be proposed if OSHA thinks it’s appropriate to achieve deterrence.
The memo also offers a table of serious-willful penalty reductions for employer size. For example, an employer with 10 or fewer employees may receive an 80 percent reduction.
OSHA coordinates with EPA under new memo
On December 17, OSHA and EPA entered into a memo of understanding to coordinate protections for workers using chemical substances under two laws. Those include the Toxic Substances Control Act (TSCA) and the Occupational Safety and Health Act. Under the memo, OSHA and EPA will share information on chemical-related priorities, risk evaluation, rulemaking, and enforcement activity.
TSCA regulates the use of chemicals more broadly, while the OSH Act regulates health and safety in the workplace. TSCA also covers a wider range of workers than OSHA, such as volunteers, self-employed workers, and some state and local government workers. That means EPA’s findings and worker protection regulations may differ from OSHA’s.
COVID-19 NEP cancelled
On January 16, OSHA tossed its NEP on COVID-19. According to the agency, this enforcement program (DIR 2021-03 (CPL 03) in place since 2021) was cancelled because of:
- A decline in COVID-19 complaints and inspections in high-risk workplaces in the last 12 months; and
- Updated public health guidance indicating the global health emergency has ended.
SST program future unclear
We’re waiting to see if OSHA will post a new Site-Specific Targeting (SST) Program. Its existing one (CPL 02-01-064) expires on February 7, 2025.
Under the SST Program, OSHA selects random targets of non-construction, non-office, non-government workplaces (with 20 or more employees) that are either:
- "High-rate” establishments with the highest rates of injuries/illnesses; or
- “Upward-trending” establishments with rates above the industry’s national average that trended upward in certain years.
Key to remember
The last administration continued to issue a stream of enforcement instructions for its offices and inspectors up to the last week. Of course, the new administration may revisit all enforcement documents.