OSHA to unleash shake-up, new rulemaking, and more
OSHA leadership just revealed several upcoming restructuring, rulemaking, and initiatives scheduled for the days, weeks, and months ahead. The news broke at a virtual meeting with one of the agency’s advisory committees on May 7. Each update gave members of the National Advisory Committee on Occupational Safety & Health (NACOSH) and stakeholders a greater picture about what to expect.
NEWS UPDATE: OSHA published the Hazard Communication final rule in the May 20, 2024, Federal Register. Revisions relate to definitions, hazard classifications, hazard/precautionary statements, container labeling, and the content required on safety data sheets (SDSs). The rule also addresses trade secret concentration ranges, as well as labeling provisions for small containers, packaged containers released for shipment, and bulk shipping. The rule mainly impacts chemical manufacturers, importers, and distributors. However, employers will need to maintain updated SDSs received, update training programs and alternative inhouse labeling, and train employees about new hazard classifications. Extended compliance dates are offered in paragraph (j) of the revised regulation. In other news, Acting Labor Secretary Julie Su says OSHA expects to put out an Indoor/Outdoor Heat proposal “later this year.”
Rulemaking highlights
Both OSHA head Doug Parker and OSHA Director Andrew Levinson were there. They chimed in to report the status for five rulemakings:
- Walkarounds – This final rule was issued April 1 with an effective date of May 31. OSHA recently posted frequently asked questions about the rule. It also plans to publish an enforcement directive, Parker highlighted.
- Hazard Communication – This final rule is at the Office of Federal Register and anticipated to be published in the “next few weeks.” Levinson explained that the Federal Register is backed up with other rulemakings, so publication will take time.
- Emergency Response — This proposal was published in the February 5 Federal Register and has a June 21 comment deadline. However, the agency received a request to extend the deadline again, so it’s weighing whether to allow that.
- Infectious Diseases — This proposal is in the development stage, after the agency received unanimous approval from the Advisory Committee on Construction Safety and Health (ACCSH) to move forward with the proposal.
- Heat — This proposal is also under development. Agency staff are working diligently now that OSHA received a thumbs up from ACCSH.
Levinson admitted that OSHA’s work on three COVID-19 rules in 2021 and 2022 created a backlog of other rulemaking.
Heat hazard enforcement
OSHA is not waiting for a heat rule to enforce heat hazards, warned Parker. The agency is using the General Duty Clause of the Occupational Safety and Health (OSH) Act to cite employers. Nearly 5,000 inspections have been conducted under a National Emphasis Program on outdoor and indoor heat-related hazards. That program launched in April 2022. In addition, OSHA plans for heightened enforcement of agriculture. In fact, an announcement came today on that.
Revised mission
The OSHA chief added that his agency would soon announce a new mission statement. The long-standing mission is “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.”
Parker concludes that the mission is missing something about whistleblower protections and state-plan states. Announcement of the new mission statement is expected soon. It will touch on preventing retaliation and working with states to ensure worker safety and health nationwide.
In fact, he mentioned that he wants to move toward “One OSHA.” This is instead of thinking about federal OSHA and the state-plan states. While there would still be state-plan states, the data would be national, not just about federal OSHA jurisdictions. In this way, Parker explains, federal OSHA would have more engagement with the states. Also, having One OSHA would be consistent with the OSH Act, he remarked.
Regional restructuring
According to Parker, his agency needs to be more responsive to workplace safety and health needs. He says the agency must put more focus on the states in the south and southeast. Therefore, OSHA has broken two regional offices (Regions 4 and 6) into three regional offices. A new office in Birmingham, Alabama, will cover Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Tennessee, and the panhandle area of Florida.
At the same time, OSHA has merged its Regional 9 and 10 offices, to be located in a San Francisco office. This office will cover Alaska, American Samoa, Arizona, California, Guam, Hawaii, Idaho, Nevada, Northern Mariana Islands, Oregon, and Washington. Combining the staff in these two regions will allow the regional office to create efficiencies and be able to allocate resources where they’re needed for outreach, Parker suggests.
The number of OSHA staff would not increase, however, because the agency does not have the funding to do that now.
Safe + Sound Week
Parker also pins his hopes on a larger-than-expected crowd at this year’s Safe + Sound Week, scheduled from August 12 to 18. The agency has a goal of 25,000 registered workplaces. This figure is at least five times the typical number registered for the week. The OSHA head thinks the event may inspire more employers to try to implement a safety and health program, thus shifting the safety bell curve.
VPP modernization
Finally, the agency intends to roll out the outcomes of its Voluntary Protection Program (VPP) Modernization Initiative by August. OSHA’s been ramping up for this since it met with stakeholders in 2023. Overall, the goal of modernization is two-fold -- to increase VPP participation and safety and health program adoption.
Key to remember
OSHA officials intend to shake up its mission and regional structure and recently shared what the agency is doing regarding rulemaking, enforcement, and initiatives.