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What do heat stress, ergonomics, and struck-by hazards have in common? When employees aren’t adequately protected from these and other serious, recognized hazards for which there’s no OSHA standard, the agency can use the General Duty Clause (GDC) to cite employers. However, the agency must prove four things:
As an example, a hazard exists when employees work in extreme heat. It’s recognized because the hazard is widely known by employers, safety professionals, and industry. Extreme heat can pose harm because employees are at risk of heat illness or even death. And, it can be feasibly abated by providing water, rest breaks, and shade. Without all four of these elements, OSHA can’t use the GDC. But when they’re present, it’s a strong enforcement tool.
OSHA determines whether a hazard is “recognized” by looking at several sources, including:
Examples of recognized hazards include:
Struck-by hazards and combustible dust are also recognized hazards. Recent cases where OSHA cited the GDC include:
Ergonomic hazards include strain from activities such as lifting, pushing, or repetitive motion. Musculoskeletal disorders (MSDs) like tendonitis, carpal tunnel syndrome, and back injuries can result from these exposures.
A proactive approach is the best defense against a GDC citation. Conducting a job hazard analysis (JHA) helps identify hazards that might otherwise be missed. Observe employees as they perform tasks and ask for their input. They may identify hazards that employers or safety professionals don’t recognize, especially with tasks that occur infrequently or only under specific conditions.
In addition to JHAs, reviewing injury and illness records, near-miss reports, incident investigations, equipment manuals, workers’ compensation claims, industry guidance, and consensus standards can also provide insights.
Once you identify hazards, determine which ones don’t have an OSHA standard, like heat or ergonomics, and prioritize those that could cause serious physical harm or death. Consider the hierarchy of controls and whether the hazard can be eliminated or reduced.
Put reasonable controls in place (such as water, rest breaks, and shade for heat, or lift-assist devices for repeated manual lifting) and keep records showing what’s been done. Documented JHAs, training records, inspection logs, and corrective action reports can all help show that you took the hazard seriously and acted to protect employees.
On July 1, 2025, OSHA issued a proposed rule that would limit the scope of the GDC. If finalized, OSHA could no longer use the GDC to cite employers of “inherently risky professions,” which includes such activities as motor sports, animal handling and performance, and combat simulation training. (See our related article, “OSHA proposes giving employers with ‘inherently risky professions’ a free pass.”) The agency’s most recent regulatory and deregulatory agenda, published July 3, 2026, reveals OSHA intends to hold public hearings on the proposal starting mid-August.
Key to remember: OSHA uses the General Duty Clause to cite serious, recognized hazards for which there’s no OSHA standard. When you identify and control these hazards and document your actions, OSHA may find it more difficult to establish the four elements necessary for a GDC citation.
Summer brings sun and fun and also a lot of construction. As I walk my German shepherd through my neighborhood, I can’t help but notice all the residential roofing projects being performed. The percussive pop from nail guns and high-pitch hum from saws always draw my attention, both out of intrigue at their talent and bravery but also concern for their safety.
Being afraid of heights, my safety Spidey senses immediately zero in on fall protection, which is often absent. My concerned heart beats a bit faster knowing that falls account for the largest share of construction fatalities each year, with roofing and residential building construction representing a significant portion of those deaths. In fact, statistics show that roofing contractors accounted for about 26% of fatal falls in 2023, with 110 fatalities attributed to slips, trips, and falls. Unfortunately, the bulk of these fatal incidents involved unprotected edges, incomplete roof decking, or improperly used (or missing) fall protection.
Residential roofers aren’t intentionally trying to ignore safety, I assure you. They are challenged by a mix of economic, environmental, and cultural pressures, including:
When it comes to residential roofing, fall risks aren’t new. What is new is how many flexible, practical ways there are to manage them. Even though most residential roofs weren’t built with fall protection in mind, options exist that won’t cause major work disruption like:
When protective systems are selected early and set up correctly, it becomes part of the job, not something that slows progress.
To make the most of summer weather, job planning happens fast or not at all, which is when fall protection gets skipped. A few minutes before work starts to talk through roof hazards, access points, and protection options can prevent catastrophes later. Worker input matters here. Those doing the work often have the best ideas for what will and won’t work on a specific roof project.
Proper fall protection doesn’t require a complicated program or stack of paperwork. Basic training, the right equipment, and a simple written plan go a long way. Part of that training should include clearing up confusion about OSHA rules. Fall protection is expected, and “infeasible” is the exception, not the rule.
Finally, watch out for normalized risk. Just because a task feels routine doesn’t mean it’s safe. Most fatal falls aren’t caused by impossible conditions, but when there are gaps in communication and supervision.
Neighborhood walks give us a front row seat to the work happening around us. Roofing crews are building and repairing the places we call home. So, let’s plan up, tether up, and speak up so every crew member has a better chance of going home safe at the end of the day!
A dropped load can change a workday in seconds. In material handling, we often focus on the crane, hoist, forklift, or equipment doing the lifting, but the sling is what connects the load to the lift. If the connection fails, it can create a serious struck-by or caught-between hazard that may result in damaged equipment, production delays, serious injuries, or even fatalities.
Sling safety must start before the load leaves the ground. One missed detail, such as a damaged sling, unreadable tag, wrong hitch, or underestimated load weight, can be enough to turn a planned lift into an emergency.
They often build from small decisions that seem harmless at the time: using a sling “just one more time,” assuming the load weight is close enough, ignoring a worn edge, or grabbing whatever sling is nearby because the job needs to keep moving.
Slings aren’t all designed for the same conditions. Alloy steel chain, wire rope, synthetic web, synthetic round slings, metal mesh, and fiber rope all have different strengths, limits, and inspection concerns. A sling that works well for one task may be a poor choice for another if the load has sharp edges, high heat, chemical exposure, abrasion points, or an unstable center of gravity.
Additionally, many incidents lead back to load control. A suspended load does not have to fall straight down to hurt someone. It can swing, shift, rotate, pinch, or strike nearby workers if the lift is not planned and controlled.
Those risks are why the inspection and planning steps cannot be treated as a quick formality. Before the hook is raised, the crew needs to confirm that the sling fits the load, the conditions, and the way the load will move. OSHA’s sling requirements for general industry are found in 1910.184, and construction rigging requirements are addressed under 1926.251, but the practical goal is the same: use a sling that is suitable, inspected, properly identified, and within its rated capacity.
A stronger lift starts with slowing down long enough to answer a few basic questions during the setup:
The requirements should show up in everyday lifting practices, not just in the written program. Slings must be inspected before use, damaged or defective slings must be removed from service, and slings must not be loaded beyond their rated capacity. In construction, rigging equipment must also have permanently affixed and legible identification markings that show the recommended safe working load, and equipment without those markings cannot be used.
The tag matters. The condition matters. The configuration matters. And the person selecting and using the sling needs to understand how those pieces work together while the load is still on the ground.
Key to remember: Every lift depends on using the right sling the right way. Confirm that it is rated, marked, and protected from damage, and keep employees clear of the suspended load.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.
OSHA won’t increase its penalty amounts in 2026. The agency is required to annually adjust its penalties for inflation, based specifically on the October Consumer Price Index data released by the Bureau of Labor Statistics. Due to a lapse in funding, BLS did not release the October 2025 data. Because no alternative calculation is allowed, OSHA penalties will remain at the 2025 amounts.
OSHA updated its inspection guidance for the Hazard Communication standard. While the document is geared towards OSHA inspectors, it provides insights for chemical manufacturers, importers, distributors, and employers as to what the agency will look for during an inspection.
OSHA will hold a series of informal, virtual hearings on multiple proposed rules beginning August 19th. The majority relate to respiratory protection requirements for different chemical substances. All of the proposed rules were originally published in the Federal Register on July 1, 2025.
Nevada OSHA published a list of frequently asked questions related to its recently adopted heat illness rule. The state’s rule took effect April 29.
Turning to environmental news, EPA restored emergency-related affirmative defense provisions for Title V operating permits. This allows stationary sources to assert a regulatory affirmative defense for certain air emission violations caused by events beyond their control.
EPA released two proposed rules that would have major impacts on drinking water regulations for PFAS. The agency will accept comments on the proposals until July 20.
And finally, EPA now allows facilities to submit PCB annual reports electronically. Facilities can start with the upcoming report that’s due July 15.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
After failing to publish a Fall 2025 or Spring 2026 regulatory agenda, on July 3 OSHA published a 2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions. Of note, a Subpoenas interim final rule is up for November 2026, the Emergency Response final rule is set for April 2027, and the Heat proposal is slated to be finalized in October 2027.
Starting August 19, 2026, OSHA will hold public hearings on numerous proposed rules, most of which relate to respiratory protection requirements for different chemical substances. The others relate to construction illumination, safety color code for marking for physical hazards, limiting the General Duty Clause for inherently risky professional activities, and fixed ladders.
Four rules fell into the long-term action category from the proposed or final stages in 2025: Communication Tower Safety, Shipyard Fall Protection, Powered Industrial Trucks Design Standard Update, and Standards Improvement Project. Long-term actions are items the agency considers under development but does not expect to take regulatory action on within 12 months after publication of the most recent regulatory agenda.
| Final rule stage | |
| Projected publication date | Title |
| July 2026 |
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| September 2026 |
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| November 2026 |
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| April 2027 |
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| October 2027 |
|
| Proposed rule stage | |
| Projected publication date or other action | Title |
| July 2026 |
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| August 2026 - public hearings |
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| September 2026 |
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| November 2026 |
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| December 2026 - Supplemental Notice of Proposed Rulemaking |
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| Long-term actions | |
| |
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