What's Ahead for OSHA?
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nsc.org VOL. 50, NO. 2 | FEBRUARY 2021 What’s ahead for OSHA? At press time, the new administration’s plan was generally expected to begin with OSHA issuing an emer- gency temporary standard on infectious diseases, requir- ing employers to take certain measures to protect workers from on-the-job exposure to the coronavirus. During a November roundtable discussion with Biden, then-Vice President- elect Kamala Harris, and business and labor leaders, AFL-CIO President Richard Trumka called an enforce- able COVID-19-related ETS “one of the best ways OSHA can reestablish its mission … to protect workers. We can- not afford to wait any longer.” ith each new White House admin- administrator David Michaels, who Although protecting workers from Wistration comes change in Wash- directed the agency during the Obama COVID-19 likely will be the agency’s ington. With President Joe Biden now in administration and in November was highest priority, OSHA’s plate under the office, those changes will include a new named to Biden’s Transition COVID- new administration will be quite full. approach at OSHA, according to promi- 19 Advisory Board. “It’s a worker safety Also expected: Ramped-up OSHA nent worker safety experts – starting with crisis. We want to be able to open the enforcement. During his campaign, how to abate the risk of COVID-19 infec- economy and expand the economy to Biden called on the agency to “double tion among employees in various industries. get incomes back for so many reasons. the number of OSHA investigators to “COVID-19 has affected all aspects of But before you can take steps, you need enforce the law and existing standards the United States,” said former OSHA a plan.” – article continues on p. 4 OSHA Up To Date | FEBRUARY 2021 President Biden to nominate Boston mayor for labor secretary n Jan. 7, then-President-elect Joe killing workers,” Marcy Goldstein-Gelb, Committee, states: “President-elect OBiden announced his intention to co-executive director of the National Biden’s nomination of Marty Walsh to nominate Boston Mayor Marty Walsh (D) Council for Occupational Safety and lead the Department of Labor raises sig- for labor secretary. Health and former executive direc- nificant concerns about the federal gov- Walsh has served as mayor since Janu- tor of the Massachusetts Coalition for ernment’s role in shaping the future of ary 2014, after leading the Boston Metro- Occupational Safety and Health, said our evolving workforce. House Demo- politan District Building Trades Council in a National COSH press release. “As crats have consistently proven their com- and serving 17 years as a Massachusetts a lifelong trade unionist who knows mitment to special interests like Big state representative. firsthand the importance of job safety, Labor bosses and trial lawyers in advanc- It’s his union background, beginning Mayor Walsh will urgently need to put ing radical policies that hurt workers at age 21 in the Laborers’ Union Local his experience to work to confront one of and job creators alike.” 223, for which Walsh’s nomination is the most crucial tasks of the new admin- After an official nomination, which drawing praise from some circles and crit- istration: protecting workers from the hadn’t been announced at press time, icism from others. risks of a deadly virus.” the next step in Walsh’s nomination is “As a state representative, he led In a separate press release, Rep. likely a confirmation hearing before the efforts to ban hazardous, combustible Virginia Foxx (R-NC), ranking mem- Senate Health, Education, Labor and chemicals which were causing fires and ber of House Education and Labor Pensions Committee. The OSHA Alliance Program fosters collaborative relationships with groups committed to worker safety and health. OSHA ALLIANCES Alliance partners help OSHA reach targeted audiences and give them better access to workplace safety and health tools and information. For more on OSHA alliances, go to osha.gov/dcsp/alliances/index.html. Ohio Craft Brewers Alliance measure the impact of its overall effort on Date of alliance: Dec. 7, 2020 improving workplace safety for employers SHA and the Ohio Craft Brewers and workers. In developing this alliance, OAlliance hereby form an alliance to OSHA and OCBA recognize that OSHA’s filtering and carbonization, filtering provide the craft brewing industry in Ohio State Plan and On-Site Consultation Proj- and pumping, keg cleaning, keg fill- with information, guidance, and access ect partners are an integral part of the ing, bottling, canning, grain handling to training resources that will help them OSHA national effort, and that informa- and grain silos, and powered industrial protect the health and safety of workers, tion about the activities of the alliance trucks – and to communicate such particularly by reducing and preventing may be shared with these partners for the information to constituent employers exposure to hazards during the brew- advancement of common goals. and workers. ing, storing, containerizing, handling and delivery of craft beer to final locations, and Training and education: Outreach and communication to understand the rights of workers and • To develop and deliver effective training • To develop information on the recog- the responsibilities of employers under the and education programs for craft brewer- nition and prevention of workplace Occupational Safety and Health Act (OSH ies and including production technicians hazards, and to develop ways of com- Act) of 1970. and stocking and delivery activities. municating such information (e.g., Through the alliance, the organiza- • To promote the shared, free access print and electronic media, electronic tions will use relevant injury, illness and (regardless of membership) and use of assistance tools, and OSHA’s and the hazard exposure data when appropriate to existing OCBA web-based training – regionalhca.org websites) to employers help identify areas of emphasis for alliance which includes grain handling, mash- and workers in the industry. awareness, outreach and communication ing, transfer and boiling, whirlpool activities. The alliance will also explore and cooling, fermentation cleaning Alliance information excerpted and implement selected options to evalu- and sanitizing (working with chemi- from osha.gov/alliances/regional/region5/ ate the effectiveness of the alliance and cals), fermentation and cellaring, alliance-agreement_20181001. 2 OSHA Up To Date | FEBRUARY 2021 In Other News… OSHA STANDARD INTERPRETATIONS DOL ups civil penalty OSHA requirements are set by statute, standards and regulations. Interpretation letters explain amounts to adjust these requirements and how they apply to particular circumstances, but they cannot create addi- for inflation tional employer obligations. Enforcement guidance may be affected by changes to OSHA rules. he Department of Labor has A leaf blower should not be used to remove silica dust from Tincreased civil penalty amounts for clothing violations to adjust for inflation, effective Jan. 15. Date of response: Aug. 19, 2020 Standards: 1926.1153 and 1926.1153(f)(1) The increase is 1.01182% for DOL agencies, including OSHA, according to a Question 1: Can I use a leaf blower to clean silica dust from my clothes? final rule published in the Jan. 14Federal Response: The standard does not directly prohibit the use of directed or concen- Register. trated forced air from leaf blowers to remove silica dust from clothing and PPE. For OSHA, the maximum pen- However, the use of a leaf blower to remove silica dust from clothing and personal alty for “willful” or “repeat” violations protective equipment may not be the best option because it disperses rather than contains dust, and thus could increase employees’ exposures in many situations. is $136,532 – up from $134,937. The An alternative method of cleaning that your employer could consider is the use of minimum fine for a willful violation is a small HEPA-filtered vacuum that does not pose a risk of injury when operated $9,753. The maximum fines for serious, according to the manufacturer’s instructions. other-than-serious, failure-to-correct and Question 2: Is there an OSHA-approved recommendation or control method posting-requirement violations increase that an employer should implement to address my specific workplace scenario to $13,653 from $13,494. of removing dust from work clothing and equipment, particularly for workers Under the Federal Civil Penalties who work on scaffolding? Inflation Adjustment Act of 1990, DOL Response: The construction standard generally allows covered construction is required to adjust civil penalty levels employers to select from two methods of compliance to control exposures to respi- for inflation by Jan. 15 each year. DOL rable crystalline silica: (1) specified exposure control methods or (2) alternative determines yearly adjustment rates via exposure control methods. Under the specified exposure control methods option, the Consumer Price Index for all Urban employers can comply by fully and properly implementing the engineering controls, Consumers. work practices and respiratory protection set forth for the relevant task on Table 1. Employers that follow Table 1 do not have to assess employee exposures or sepa- rately ensure compliance with the permissible exposure limit. Table 1 includes 18 OSHA to employers: common tasks using various types of tools or equipment found at construction sites. Deadline approaching for For tasks that are not listed on Table 1, or where the employer does not fully and prop- submitting Form 300A data erly implement the engineering controls, work practices, and respiratory protection described on Table 1, the employer must comply with the alternative exposure con- SHA is reminding employers to trol methods option, including assessing employee exposures to silica, identifying and Osubmit their 2020 Form 300A data implementing feasible engineering and work practice controls to limit exposures to the by March 2. PEL of 50 µg/m3 averaged over an eight-hour workday, and providing appropriate res- According to an agency press release, pirators if feasible engineering and work practice controls do not limit exposures to the the time frame to submit the data has PEL.