Inside OSHA

May 8, 2024

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EPA’s industry and Republican critics are warning of a wave of imminent litigation challenging the agency’s recently finalized risk management program (RMP) rule updates and seeking to block it from taking effect later this week, charging it exceeds the agency’s authority and places unnecessary burdens on covered facilities.

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California lawmakers are advancing a bill that would prohibit, beginning July 1, 2026, the sale and use of firefighter personal protective equipment (PPE) containing intentionally added PFAS, and that would require state regulators to align worker-safety rules with a future national standard for PFAS-free firefighting gear.

Acting Labor Secretary Julie Su told lawmakers at a May 1 House hearing that OSHA expects to release a “notice” advancing its long-awaited heat danger standard “later this year,” and will propose a workplace violence standard for healthcare facilities “soon” -- which would be a landmark step for a rule that has been in development since the Obama era.

California lawmakers are advancing a bill that would require schools to exclude teachers and other employees with COVID-19 from the workplace with pay for a set period of time, amid opposition from state health officials who argue that such mandates should be based on their frequently updated pandemic guidance rather than rigid statutory mandates.

EPA has finalized its TSCA risk management rule for the solvent methylene chloride that top officials say will be a model for future chemical policies under the reformed law, maintaining the strict workplace exposure limit in its 2023 proposal while lengthening phaseout deadlines for some uses and adding a de minimis threshold sought by industry.

Two employer attorneys are pointing to several aspects of OSHA inspections where they say companies could either contest the agency’s approval of “third-party” worker representatives under a controversial new rule or limit their access to job sites, previewing potential case-by-case disputes that could run parallel to broader litigation over the policy’s legality.

Top officials at the Chemical Safety and Hazard Investigation Board (CSB) used the agency’s latest public business meeting to tout its recent progress on accident investigations, while previewing plans to make incident reports and related information more easily accessible to the public through improved online access and communication.

California OSHA (Cal/OSHA) plans to exempt local and state correctional facilities from its sweeping new indoor heat worker-safety rules and resubmit the regulatory package to state administrators for approval, after state finance officials warned the agency they plan to reject the prior version over its economic impacts.

EPA has issued its final TSCA “framework” rule governing risk evaluations of existing chemicals, aiming to broaden the scope of its reviews and codify several controversial Biden administration policies including its rejection of a Trump-era approach to considering workers’ use of personal protective equipment (PPE), despite several industry groups’ claims that the new method is unlawful.

Mining-sector employers and unions alike are backing the Mine Safety and Health Administration’s (MSHA) newly tightened standards for respirable crystalline silica (RCS), but both say implementation remains a key question, with one union urging strict enforcement while a trade group says the agency should align its approach with OSHA’s own silica rule.

 

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