What’s ahead under Obama’s OSHA

With Barack Obama’s election came widespread expectations of change at OSHA. Now those changes are starting to take shape. Here are five things to look for:

1. Larger monetary penalties for violations: These are included in a measure called the Protecting America’s Workers Act, which is expected to pass Congress.
2. More aggressive enforcement: The new Secretary of Labor, Hilda Solis, has pledged to “put enforcement back into the Department of Labor” – including more OSHA inspections. Additionally, OSHA’s aggressive National Emphasis Programs are ramping up in various industries, including refineries, chemical companies, general manufacturing, construction and any industry involving combustible dust. Employers can expect a shift away from the cooperative policy of the recent past to a more aggressive, citation/violation-based approach.
3. More inspectors: OSHA will probably increase its enforcement staff to support its emphasis on high-risk industries, such as construction and heavy manufacturing.
4. More attention to recordkeeping: OSHA will increase its focus on this regulation because it believes that many employers have been inaccurately reporting injuries and illnesses for some time.
5. More liability for actions of subcontractors: New this year is enhanced OSHA liability for employers on multi-employer worksites. The 8th U.S. Circuit Court of Appeals ruled that OSHA can increase its citation/violation authority over owners and controlling employers for the safety actions of subcontractors. The case was Solis v. Summit Contractors.

So what can companies do to get ready for this tougher enforcement environment?

The best step is to ensure that your safety and health program is effective and enforced at all levels of the organization.

You can also have a mock OSHA inspection conducted in your workplace. This will review hazards assessments, training and required documentation, safe job procedures, operator certifications, recordkeeping and required safety and health program implementation (lockout, confined space, fall protection, etc.). Utilizing third-party professionals can ensure unbiased feedback about your programs.