| OSHA Severe Injury Report Dashboard | https://publish.ahcancal.org/News-and-Communications/Blog/Pages/OSHA-Severe-Injury-Report-Dashboard-.aspx | OSHA Severe Injury Report Dashboard | | | | | 9/17/2024 4:00:00 AM | | <p></p><div>On September 4, 2024, the Occupational Health and Safety Administration (OSHA) <a href="https://www.osha.gov/news/newsreleases/trade/20240904" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">announced launch</a> of a new <a href="https://www.osha.gov/severe-injury-reports" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">Severe Injury Report dashboard</a>. This online tool allows the public to search its severe injury report database and view trends related to workplace injuries in states covered by federal OSHA since 2015. Users can download data by year, industry, state, establishment name, and Occupational Injury and Illness Classification System (OIICS) codes. Nursing homes (NAICS code 623110), assisted living communities (NAICS code 623312), and ID/DD communities (NAICS code 623210) are among the searchable industries. </div><div><br></div><div>OSHA has become increasingly focused on oversight of workplace incident recordkeeping. AHCA recommends that all long term care providers refresh their awareness of OSHA's <a href="/News-and-Communications/Blog/Pages/OSHA-Recordkeeping-and-Reporting-A-Guide-to-Determination.aspx" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">recordkeeping and reporting requirements</a> and ensure that their policies are compliant with current regulations. </div><div><br></div><div>Questions? Contact us at <a href="mailto:regulatory@ahca.org" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">regulatory@ahca.org</a>. <br></div><p></p> | On September 4, 2024, the Occupational Health and Safety Administration announced launch of a new Severe Injury Report dashboard. | |
| OSHA Publishes Proposed Rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings | https://publish.ahcancal.org/News-and-Communications/Blog/Pages/OSHA-Publishes-Proposed-Rule-on-Heat-Injury-and-Illness-Prevention-in-Outdoor-and-Indoor-Work-Settings.aspx | OSHA Publishes Proposed Rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings | | | | | 9/3/2024 4:00:00 AM | | <p></p><div>On August 30, 2024, OSHA published a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register. The proposed standard would apply to all employers conducting outdoor and indoor work across all general industry, construction, maritime, and agriculture sectors under OSHA’s jurisdiction. The standard would require employers to develop a plan to evaluate and control heat hazards in their workplaces. It aims to clarify employer obligations and outline the steps necessary to effectively protect employees from hazardous heat. The ultimate goal is to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat. </div><div><br></div><div>OSHA encourages public participation through the submission of comments. The NPRM is available on the <a href="https://federalregister.gov/d/2024-14824" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">Federal Register website</a> and on the <a href="http://www.regulations.gov/" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">Federal e-Rulemaking Portal</a>. You may submit comments and attachments electronically at <a href="http://www.regulations.gov/" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">www.regulations.gov</a>, Docket No. OSHA-2021-0009. Follow the online instructions for making electronic submissions. <strong>Comments must be submitted by December 30, 2024.</strong> When submitting comments or recommendations, commenters should explain their rationale and, if possible, provide data and information to support their input. </div><div><br></div><div>Additional information on the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking can be found <a href="https://www.osha.gov/heat-exposure/rulemaking" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">here</a>. <br></div><p></p> | On August 30, 2024, OSHA published a Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register. | |
| OSHA Hazard Communication Standard Updates | https://publish.ahcancal.org/News-and-Communications/Blog/Pages/OSHA-Hazard-Communication-Standard-Updates.aspx | OSHA Hazard Communication Standard Updates | | | | | 9/3/2024 4:00:00 AM | | <p></p><div>OSHA issued a final rule updating the Hazard Communication Standard (Haz-Com Standard) to align with the seventh revision of the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The rule was published on May 20, 2024, and became law on July 19, 2024. </div><div><br></div><div><strong>The Hazard Communication Standard: </strong></div><div>OSHA's Haz-Com Standard, 29 CFR 1910.1200, generally requires employers to provide employees with information about chemical hazards and associated protective measures. In long-term care communities, communication of chemical hazards most frequently occurs through training, chemical container labels, and Safety Data Sheets (SDS). These general requirements have been and will remain in place, even with the current update. </div><div><br></div><div><strong>Overview of the Updates: </strong></div><div>The updated standard aims to enhance the effectiveness of the Haz-Com Standard by providing employees with better information about chemical hazards in the workplace. The changes require improved information on labels and Safety Data Sheets for hazardous chemicals. Additionally, the final rule addresses issues that have arisen since the 2012 standard and improves alignment with other federal agencies and Canada. </div><div><br></div><div>Much of the updated standard is geared toward manufacturers and distributors of chemicals, as they typically provide labels and SDSs to the employer. However, it is ultimately the employer’s responsibility to ensure that the labels are accurate, SDSs are updated, and employees are trained. To account for the distinction between manufacturers and employers, OSHA’s updated standard has compliance deadlines for manufacturers and distributors first, followed by compliance deadlines for employers. <span style="font-size:11pt;">For ease of reference, here is a table with the compliance dates:</span></div><div style="text-align:center;"><img src="/News-and-Communications/Blog/PublishingImages/Pages/OSHA-Hazard-Communication-Standard-Updates/OSHA1.png" alt="OSHA1.png" style="margin:5px;" /><br></div><div><br></div><div><span style="text-decoration:underline;">Additional Resources:</span><br></div><div><ul><li><span style="font-size:11pt;"><a href="https://www.osha.gov/sites/default/files/HCS_side-by-side.pdf" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">Side by side comparison (osha.gov) </a></span></li><li><span style="font-size:11pt;"><a href="https://www.osha.gov/sites/default/files/HCS_Q-and-As.pdf" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">Questions and Answers (osha.gov) </a></span></li></ul></div><div><br></div><div>If nothing else, the updated standard is an opportunity for all long-term care centers to update their labels, SDSs, and training: </div><div><br></div><div>All employers shall, as necessary, update any alternative workplace labeling used under paragraph (f)(6) of this section, update the hazard communication program required by paragraph (h)(1), and provide any additional employee training in accordance with paragraph (h)(3) for newly identified physical hazards, health hazards, or other hazards covered under this section. </div><div><br></div><div>Follow <a href="https://www.govinfo.gov/content/pkg/FR-2024-05-20/pdf/2024-08568.pdf" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">this link</a> for updated Fed Reg text, without appendices, for ease of reference. <br></div><p></p> | OSHA issued a final rule updating the Haz-Com Standard to align with the seventh revision of the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals. | |
| OSHA Issues New Rule on Employee Representation During OSHA Inspection | https://publish.ahcancal.org/News-and-Communications/Blog/Pages/OSHA-Issues-New-Rule-on-Employee-Representation-During-OSHA-Inspection.aspx | OSHA Issues New Rule on Employee Representation During OSHA Inspection | | | | | 4/10/2024 4:00:00 AM | | <p></p><div>Last week, the Occupational Safety and Health Administration (OSHA) issued its <a href="https://www.osha.gov/worker-walkaround/final-rule" data-feathr-click-track="true" data-feathr-link-aids="60b7cbf17788425491b2d083" target="_blank">Final Rule</a> “clarifying” that third-party, non-employees may accompany the OSHA Compliance Safety and Health Officer (CSHO) during the walkthrough inspection of a workplace. The new rule, which goes into effect on May 31, 2024, has caused concern for employers, but much of the impact will depend on how OSHA chooses to implement the regulation and on a CSHO’s individual judgment. </div><div><br></div><div><span style="font-size:11pt;">As background, OSHA allows employees to have a representative during the walkthrough inspection of a workplace. Typically, that representative is an employee, but here, the discussion is about whether a non-employee may act as the employee’s representative. The old version of OSHA’s employee representation regulation began with the premise that an employee representative “shall be an employee(s) of the employer.” 29 CFR 1908(c). But it also allowed for participation of a “third party who is not an employee of the employer (such as an industrial hygienist or a safety engineer)” if that person was “reasonably necessary.” 29 CFR 1908(c). The provision was frequently interpreted to limit third-party involvement to expert industrial hygienists and safety engineers, and as such, CSHOs rarely used the provision. </span></div><div><br></div><div><span style="font-size:11pt;">The new regulation states that “the representative(s) authorized by the employees may be an employee of the employer </span><em style="font-size:11pt;">or a third party</em><span style="font-size:11pt;">.” 89 Fed. Reg. 22601. It then limits the representation by a third party to instances where “good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and thorough physician inspection of the workplace." 89 Fed. Reg. 22601. Thus, in OSHA's words, the new provision “clarif[ies] that the representative(s) authorized by employees may be an employee of the employer or a third party.” 89 Fed. Reg. 22558. </span></div><div><br></div><div><span style="font-size:11pt;">The question then becomes, who is the third-party representative and how are they selected, if one is selected at all. For union workplaces, the employee representative should be selected by “the highest-ranking union official or union employee representative on-site.” OSHA Field Operations Manual, Chap. 3, Sec. VII.A.1. For a non-union building, however, the CSHO has wide latitude to determine who is an employee representative, and OSHA has refused to create a specific process by which non-union employees select a representative. The very few parameters expressed by OSHA are so vague that they say almost nothing. For example: there "is no requirement" that the employee representative must be approved by a majority of employees; </span></div><div> </div><blockquote style="margin:0px 0px 0px 40px;border:none;padding:0px;"><div><span style="white-space:normal;">“in a workplace with more than one employee, [the approval of] more than one employee would be needed to authorize the walkaround representative;” and “[i]f the CSHO is unable to <span style="white-space:pre;"> </span>determine with reasonable certainty who is the authorized employee representative, the CSHO will consult with a reasonable number of employees concerning matters of safety and health in the workplace.” 89 Fed. Reg. 22590. </span></div></blockquote><div> </div><div>As such, if OSHA indicates that a non-employee third party will be involved in the inspection, the employer should ask questions about how the representative will be (or has been) selected at the outset of the inspection. </div><div><br></div><div><span style="font-size:11pt;">For employers who want to limit access of third parties to the premises, they will likely need to rely on the language of the regulation itself. OSHA must show by </span><em style="font-size:11pt;">“good cause”</em><span style="font-size:11pt;"> that the third party is </span><em style="font-size:11pt;">“reasonably necessary</em><span style="font-size:11pt;"> to the conduct of an </span><em style="font-size:11pt;">effective</em><span style="font-size:11pt;"> and </span><em style="font-size:11pt;">thorough</em><span style="font-size:11pt;"> inspection of the workplace.” 29 CFR 1903.8(c). Further, if a third-party representative deviates from their role to provide expertise for purposes of the OSHA inspection—for example, if a third-party representative begins to encourage unioniza</span><span style="font-size:11pt;">tion during the inspection—the CSHO should terminate the representative’s access to the inspection. 89 Fed. Reg. 22582–83. It should also be noted that the employee representative does not have the right to participate in employee interviews, unless invited by the employee, and should not be involved in any document production or review. The new rule only allows participation in the walkthrough portion of the inspection. Finally, the employer should know their rights under the Fourth Amendment and may want to consult an attorney about requiring OSHA to obtain a warrant before entering the site with an outside third-party representative. </span></div><div><br></div><div><span style="font-size:11pt;">At this point, it is hard to predict the scope or magnitude of the impact of the new regulation because so much is left to the discretion of the CSHO. OSHA may also implement new guidance at the national, regional, or local levels that will affect how CHSOs choose to implement the regulation. In short, while the regulation could significantly change the landscape of an OSHA inspection, it will take time to determine the impact. Employers should be aware of this development and understand their rights if OSHA knocks on their door. </span></div><div> <br></div><p></p> | Last week, the Occupational Safety and Health Administration issued its Final Rule “clarifying” that third-party, non-employees may accompany the OSHA Compliance Safety and Health Officer during the walkthrough inspection of a workplace.
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