Safety, Health & Environment

The Coalition for Workplace Safety, led by the U.S. Chamber of Commerce, outlined policy priorities expected in a second term of the Trump administration or a new Biden administration. The two-page document can be accessed here. The coalition predicts gridlock on all priority issues given a potential Republican majority in the Senate and Democratic majority in the House. A more detailed document highlighting the status of priority safety, health, environmental and employment issues will be distributed once the results of the elections are finalized. ... Read More

The Centers for Disease Control and Prevention (CDC) on Oct. 21 updated its definition of what it means to be in “close contact” with someone infected with COVID-19, after publishing a report on COVID-19 cases that occurred at a Vermont correctional facility. The new definition states that the 15-minute exposure period (i.e., within six-feet of an infected individual for 15 minutes) should be assessed based on a cumulative amount of time over 24 hours, not just a single, continuous 15-minute interaction. As updated on the CDC’s website, “close contact” is defined as: “Someone who was ... Read More

By Jess McCluer, Vice President of Safety and Regulatory Affairs After the Michigan Supreme Court struck down Gov. Gretchen Whitmer’s COVID-19 executive orders on Oct. 5, the Michigan Occupational Safety and Health Administration (MI OSHA) responded swiftly and on Oct. 14 issued a series of COVID-19 Emergency Rules. Many of the requirements in the new rules mirror the governor’s prior executive orders that she began implementing in April.  “Given MI OSHA’s aggressive use of the General Duty Clause to support a series of citations after an inspection blitz over the summer, ... Read More

By Jess McCluer, Vice President, Safety and Regulatory Affairs The Occupational Safety and Health Administration (OSHA) announced Sept. 4 that it now posts publicly employer injury and illness data following a settlement arising from a Freedom of Information Act (FOIA) challenge brought by the advocacy group Public Citizen. Injury and illness reports from nearly 290,000 employers from 2016 through 2018 have been made public. OSHA hasn’t said when data from 2019 will be posted. But if a facility reported Form 300A data for calendar years 2016 through 2019, it likely will become public ... Read More

By Jess McCluer, Vice President, Safety and Regulatory Affairs The Environmental Protection Agency (EPA) finalized a rule on Sept. 14 that gives stakeholders the ability to comment upon guidance documents issued by the agency. In a virtual address to The Federalist Society, EPA Administrator Andrew Wheeler said the agency’s new rule is designed primarily to increase transparency by allowing the public to view all of its guidance documents online. The rule, which has not been published yet in the Federal Register, will allow submission of petitions to reinstate rescinded guidance ... Read More

By Jess McCluer, Vice President of Safety and Regulatory Affairs The U.S. Chemical Safety and Hazard Investigation Board (CSB) on Sept. 10 released a new report, entitled the “Dust Hazard Learning Review,” which it conducted in response to the 2017 explosion incident at a Didion milling facility.   The report is based on 57 responses to the CSB’s “Call to Action: Combustible Dust” which requested information from individuals and entities involved in the safe conduct of work within inherently dust-producing environments at risk for explosions. The agency sought input on a variety ... Read More

By Jess McCluer, Vice President of Safety and Regulatory Affairs States are beginning to institute their own workplace safety rules in response to the COVID-19 pandemic. Virginia last week became the first state to create its own set of rules for workplaces, with its governor saying he was frustrated with the Occupational Safety and Health Administration (OSHA) for declining to impose a nationwide COVID-19 standard. The U.S. Court of Appeals for the D.C. Circuit on June 11 rejected petition from AFL-CIO to order OSHA to issue an emergency temporary standard applicable for ... Read More