2023 Federal Updates Navigating the Changing Landscape of Health and Safety Regulations

Welcome to Osha Journal’s dedicated page for “2023 Federal Updates.” We understand that staying current with evolving health and safety regulations is essential for ensuring workplace safety and compliance. This page is your comprehensive resource for keeping up-to-date with the latest changes in federal guidelines and standards for occupational health and safety in the year 2023.

The year 2023 brings with it a fresh set of federal updates in the realm of workplace safety and health. These updates can influence everything from regulatory compliance to safety practices and standards within your organization. Our mission is to keep you well-informed about these changes, enabling you to adapt and thrive in a dynamic regulatory landscape.

5 OSHA Rule Changes for 2023

As the calendar rolls over to 2023, sites that resolve to make safety a priority will have some new rules and regulations to incorporate. The Spring Unified Agenda covering all federal agencies revealed OSHA has big plans in the works.

Here are 5 upcoming OSHA rule changes you should know including: OSHA recordkeeping requirements, Lockout-Tagout changes, silica exposure considerations, heat exposure regulations, and updated HazCom classifications and shipping requirements.

1- Recordkeeping Proposed Rule

The U.S. Department of Labor’s Occupational Safety and Health Administration is proposing amendments to its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to electronically submit injury and illness information – that they are required to keep – to OSHA. The agency uses these reports to identify and respond to emerging hazards and makes aspects of the information publicly available.

In addition to reporting their Annual Summary of Work-Related Injuries and Illnesses, the proposed rule would require certain establishments in certain high-hazards industries to electronically submit additional information from their Log of Work-Related Injuries and Illnesses, as well as their Injury and Illness Incident Report.

As part of OSHA’s mission to protect workers and mitigate workplace hazards, this rule would improve OSHA’s ability to use its enforcement and compliance assistance resources to identify workplaces where workers are at high risk. The proposed rule would also advance the department’s mission to empower workers by increasing transparency in the workforce.

The proposed rule would

Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
Update the classification system used to determine the list of industries covered by the electronic submission requirement.
Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
Require establishments to include their company name when making electronic submissions to OSHA.

Establishments with 20 or more employees in certain high-hazard industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA annually.

2- Lockout-Tagout (LOTO) Update

The Control of Hazardous Energy standard (29 Code of Federal Regulations [C.F.R.] 1910.147), commonly known as Lockout Tagout (LOTO) under the Occupational Safety and Health Administration (OSHA) has been relatively untouched since it was published in 1989.

LOTO infractions are one of the persistent and most-cited OSHA standards. The top 10 frequently cited LOTO infractions include a failure to:

HAVE EQUIPMENT-SPECIFIC LOTO PROCEDURES
TRAIN WORKERS IN LOTO
CONDUCT PERIODIC INSPECTIONS
ESTABLISH A LOTO PROGRAM
FOLLOW THE SEQUENCE OF LOTO
PROTECT WORKERS DURING GROUP LOTO OPERATIONS
IDENTIFY ALL OR DISCONNECT ALL ENERGY SOURCES
NOTIFY EMPLOYERS
MANAGE SHIFT CHANGES
FOLLOW THE “SERVICING AND TOOL CHANGE” EXCEPTION

For some time, OSHA has discussed the potential for revision, and in May 2019, OSHA issued a request for information (RFI) to solicit information from stakeholders and industry on updates or changes in relation to strengths and limitations of modern technology for the control of hazardous energy to protect workers. For example, the 2019 RFI noted the LOTO standard specifies that control circuit devices cannot be used as energy-isolating devices, but “the agency recognizes recent technological advances may have improved the safety of control circuit-type devices.” A notice of proposed rulemaking (NRPM) was anticipated for September of 2022 but was never announced.

3- Silica Update

In 2016, OSHA issued two new standards for respiratory crystalline silica (RCS) ? one for general industry and maritime (29 CFR ? 1910.1053) and one for construction (29 CFR ? 1926.115).
The 2016 standards established an exposure action level (AL) of 25 ?g/m3 and reduced the silica PEL from 100 to 50 ?g/m3- both calculated as 8-hour time-weighted averages (TWAs). The standards include requirements for installing exposure controls, implementing medical surveillance programs to monitor workers’ health and exposure to RCS, and maintaining a written exposure control plan.

OSHA standards for other chemicals have medical removal provisions such as lead, cadmium, and formaldehyde. Each require the employer to monitor certain exposure indicators such as airborne concentrations of chemicals or bloodborne concentrations (as in the case of lead exposure) and remove the employee from the source of exposure once specified maximum levels are reached. Following publication of the 2016 final rules, the US Court of Appeals for the District of Columbia Circuit concluded that OSHA failed to adequately explain its decision to omit medical removal protections from the rule and remanded the rule for further consideration of the issue.

The Spring Regulatory Agenda contains an initiative called “Occupational Exposure to Crystalline Silica: Revisions to Medical Surveillance Provisions for Medical Removal Protection.” OSHA is planning to revisit the silica rules to include medical removal provisions with an estimated timeframe of May 2023 for publication of an NPRM.
Employers subject to the silica rules will need to be sure they have thorough workplace inspection and industrial hygiene (IH) medical surveillance programs in place, and an efficient incident management system to enable prompt recording of medical removal cases.

4- Regulatory Activities on Heat Exposure

According to the U.S. Department of Labor’s Bureau of Labor Statistics (BLS), hazardous heat exposure resulted in an average of 35 fatalities per year and 2,700 cases with multiple days away from work between 2015 and 2019. The BLS indicates that heat-related fatalities may be underreported and improperly diagnosed due to failures to document when exposures to heat caused or contributed to “official” causes of death, such as heart attacks.

OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM) in the Federal Register on October 27, 2021, to initiate the process of work on a heat exposure standard. The purpose of the ANPRM is to “more clearly set forth employer obligations and the measures necessary to more effectively protect employees from hazardous heat.”

OSHA rolled out a new National Emphasis Program (NEP) on “Outdoor and Indoor Heat-Related Hazards” on April 8, 2022. The NEP lays out OSHA’s inspection and enforcement priorities to support reduction of occupational illnesses and fatalities from heat exposure.

5- HazCom Proposed Rule

OSHA is issuing a notice of proposed rulemaking (NPRM) to amend the HCS (§ 1910.1200). OSHA is proposing to modify the HCS to maintain conformity with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS) (revision 7), align certain provisions with Canada and other U.S. agencies, and address issues that have developed since implementation of the 2012 standard. The HCS, first finalized in 1983, provides a standardized approach to workplace hazard communications associated with exposure to hazardous chemicals. The standard was updated in 2012 to align with revision 3 of the GHS to provide a common and coherent approach to classifying chemicals and communicating hazard information.

OSHA expects the proposed updates to the HCS will increase worker protections and reduce the incidence of chemical-related occupational illnesses and injuries by further improving the information on labels and safety data sheets (SDS) for hazardous chemicals. The agency has preliminarily determined that the proposed modifications would enhance the effectiveness of the standard by improving dissemination of hazard information so that employees are more appropriately apprised of the chemical hazards to which they may be exposed.

OSHA's New Plan for Workplace Safety in 2023

The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for ensuring safe and healthy working conditions for employees across the United States. In January 2023, OSHA announced an aggressive new plan to address workplace safety, including several key initiatives aimed at reducing injuries and fatalities in the workplace. The Biden administration is focused on increasing its investigation and enforcement activity against employers in the coming months/years.
In this post, we will take a closer look at OSHA’s new initiatives and provide some tips for employers on how they can improve workplace safety.

OSHA’s new plan for workplace safety in 2023 has several key areas that will attempt to improve working conditions for employees across the country. These initiatives include:

Strengthening Enforcement

OSHA will be strengthening enforcement efforts by increasing the number of inspections and citations issued for workplace violations. OSHA also plans to increase its use of their subpoena powers during their initial investigations. These changes should help OSHA ensure employers are taking appropriate measures to keep their workers safe and healthy.

Targeting High-Risk Industries

OSHA has indicated its intention to target high-risk industries, such as construction and manufacturing, to help reduce the number of injuries and fatalities in these sectors.

Emphasizing Prevention

OSHA will place greater emphasis on the prevention of injuries by encouraging employers to identify and address potential hazards before they result in injuries or illnesses.

Improving Data Collection

OSHA will attempt to improve its data collection efforts to better track workplace injuries and illnesses. This should help OSHA identify trends and areas for improvement in workplace safety.

Tips for Employers to Improve Workplace Safety

As an employer, there are several things you can do to improve workplace safety and comply with OSHA regulations. Here are some tips to get you started:

Review your safety policies and procedures

Employers should review their safety policies and procedures to ensure they are up-to-date and meet OSHA requirements. This includes policies related to infectious disease prevention, heat illness prevention, and workplace violence prevention. Employers should also review their procedures for reporting workplace injuries and illnesses and ensure they comply with OSHA’s recordkeeping requirements.

Conduct Regular Safety Inspections

Regular safety inspections can help you identify potential hazards in the workplace and take steps to address them before they result in injuries or illnesses. Inspections should be conducted by trained professionals who are familiar with OSHA regulations and industry best practices.

Provide Proper Training

Proper training is essential for ensuring that employees are aware of potential hazards and know how to stay safe on the job. This includes training on the proper use of equipment, safe work practices, emergency procedures, and the new rules related to infectious disease prevention, heat illness prevention, and workplace violence prevention.

Encourage Employee Participation

Employees are often the first line of defense when it comes to identifying potential hazards in the workplace. Encourage your employees to report any safety concerns or incidents and take their feedback into account when making decisions about workplace safety.

Maintain Proper Recordkeeping

Proper recordkeeping is essential for complying with OSHA regulations and tracking workplace injuries and illnesses. Make sure you are keeping accurate records of all workplace incidents and use this information to identify areas for improvement in workplace safety.

Provide Personal Protective Equipment (PPE)

Personal protective equipment, such as hard hats, safety glasses, and gloves, can help to protect workers from potential hazards on the job. Make sure you are providing the appropriate PPE for each job and training employees on its proper use.

Respond promptly to safety concerns

Employers should respond promptly to safety concerns raised by employees or identified during safety inspections. This includes investigating the concern, taking steps to address the hazard, and communicating the resolution to employees. Employers should also encourage employees to report safety concerns and provide a mechanism for doing so.

Create a Culture of Safety

Creating a culture of safety starts at the top. As an employer, it is your responsibility to prioritize workplace safety and communicate this priority to your employees. This includes holding regular safety meetings, encouraging open communication about safety concerns, and providing resources for employees to learn more about workplace safety.

Seek assistance if needed

Employers who are unsure about how to comply with OSHA requirements or who need assistance in improving workplace safety should seek assistance from OSHA or a qualified safety consultant. OSHA offers a variety of resources to help employers understand their obligations under the law and improve workplace safety.

Conclusion

OSHA’s new plan for workplace safety in 2023 is a positive step towards improving working conditions for employees across the United States. Strengthening enforcement, targeting high-risk industries, emphasizing prevention, and improving data collection efforts, these measures should help ensure that employers are taking appropriate measures to keep their workers safe and healthy. However, these changes could lead to increased attention by OSHA officials to certain companies’ operations. As an employer, it is your responsibility to comply with OSHA regulations and prioritize workplace safety. Each employer should consider retaining counsel early to assist with the navigation of initial OSHA investigation efforts and/or proposed citations. This is particularly important for employers in those industries OSHA plans to heavily target its increased enforcement activities such as heavy labor and manufacturing industries. Either way, by conducting regular safety inspections, providing proper training and PPE, encouraging employee participation, maintaining proper recordkeeping, and creating a culture of safety, employers can be proactive in limiting injuries and future OSHA violations.