OSHA NEWS: US Department of Labor announces enforcement guidance changes to save lives, target employers who put profit over safety
The U.S. Department of Labor has announced new enforcement guidance to ensure that employers are held accountable for safety and health failures. The Occupational Safety and Health Administration (OSHA) has introduced measures to make its penalties more effective in preventing employers from repeatedly exposing workers to life-threatening hazards or failing to comply with workplace safety and health requirements.
Under the new guidance, OSHA Regional Administrators and Area Office Directors will have the authority to cite certain types of violations as "instance-by-instance citations" for serious violations of OSHA standards specific to certain conditions. These conditions include lockout/tagout, machine guarding, permit-required confined space, respiratory protection, falls, trenching, and other-than-serious violations specific to recordkeeping. This will take effect 60 days from January 26, 2023. The previous policy, which only applied to egregious willful citations, has been in place since 1990.
This targeted strategy is intended to deter employers who repeatedly put profits over their employees' safety, health, and well-being. In addition, OSHA is reminding Regional Administrators and Area Directors of their authority to cite violations separately to encourage compliance with the OSH Act.
The changes in enforcement guidance will impact several industries, including general industry, agriculture, maritime, and construction industries. These enforcement tools will help ensure that employers do not disregard their responsibilities to protect workers and comply with OSHA standards and regulations.
It is important to note that existing guidance on instance-by-instance citations are outlined in the OSHA Field Operations Manual and CPL 02-00-080, "Handling of Cases to be Proposed for Violation-by-Violation Penalties." This guidance will continue to be relevant in enforcing OSHA standards and protecting workers.
The new enforcement guidance is particularly significant for high-risk occupations like tree care workers, who face significant hazards such as falls, electrical hazards, and equipment malfunctions. By holding employers accountable for safety and health failures, OSHA can help protect workers in these high-risk occupations and prevent life-threatening injuries and fatalities.
