New and Proposed OSHA Rules

In the construction industry, complying with Occupational Safety and Health Administration (OSHA) regulations is crucial for the safety of your employees, as well as for the health of your company. So, you must be aware of these new rules that the agency is either proposing or about to put into practice. Below are four to consider.

Heat Exposure

For years, OSHA has been moving toward a national heat standard. In 2021, it released a proposed rule to set guidelines for protecting workers from heat-related illnesses. In addition, OSHA has been increasing its enforcement guidelines for workers subjected to heat hazards. This past summer, in July 2023, the agency reminded employers about their responsibilities to protect their workers from heat illness or injury by issuing a “heat hazard alert.”

Beyond that, OSHA is continuing its efforts to propel its proposed heat rule to final status. With that goal in mind, OSHA announced it has begun the process of creating the Small Business Regulatory Enforcement Fairness Act (SBREFA). The rulemaking process is underway, and next, the agency will be getting feedback about a heat-specific standard from a Small Business Advocacy Review (SBAR) panel and small entity representatives (SERs). Employers should track the progress of this initiative.

Injury and Illness Reporting

Employers in high-hazard industries should take note of new requirements for injury and illness data submission, which go into effect in January 2024. In addition to keeping records of injury and illness information, they will be required to submit those records to OSHA.

Details include the following:

· Companies in certain high-hazard industries with 100 or more employees must electronically submit their Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report to OSHA once each year. These requirements are in addition to submitting Form 300A-Summary of Work-Related Injuries and Illnesses.

· Companies are required to include their legal company name when making such electronic submissions. This effort is intended to improve data quality.

· OSHA will provide public access to some of the data. It will post this information on its website so current and potential employees, customers, other employers, and the general public are better informed about workplace health and safety.

Employers with fewer employees must continue to submit information from Form 300A.

OSHA Inspection Attendance

The agency is weighing the options of allowing third parties to accompany Compliance Safety and Health Officers (CHSOs) during OSHA inspections.

At present, designated employees are permitted to represent the company and attend the inspection. However, OSHA is considering new language that would allow third parties to act as employee representatives as long as they demonstrate “relevant knowledge, skills or experience with hazards or conditions in the workplace or similar workplaces, or language skills.” 

It is unclear how this new approach would work and what the ramifications might be. For example, union officials with specified training could accompany the CHSOs. Many employers will likely oppose such a rule change.

VPP Modernization

In 1982, OSHA created the Voluntary Protection Programs (VPP) to recognize workplaces that demonstrate excellence in safety and health management. It emphasizes management leadership, worker participation training, and thorough hazard identification and control. OSHA recognizes that it must update the decades-old VPP requirements, so the agency held a public meeting in June 2023. It continues to consider revisions to the program.

Final Advice

Staying current on OSHA regulations can be challenging. However, it is imperative that you understand and comply with the requirements. If you are unsure which standards impact your company, do not hesitate to consult legal counsel. An experienced OSHA attorney can provide you with the latest information and offer guidance for remaining compliant.

Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

About the author: Trent Cotney is a partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and NRCA General Counsel. For more information, call (866) 303-5868 or email [email protected].