OSHA Enforcement Under President Biden

As of last week, the Biden administration is officially underway. With any new presidency comes a variety of changes across government. One area of change that will affect thousands, if not millions of employers comes in the form of OSHA regulation and enforcement. While the previous administration maintained the status quo, all signs are pointing to the Biden administration making this a top priority.

Employers should pay attention to several workplace safety initiatives that will likely be implemented early on in the Biden administration.

It is reasonable to expect an overall increase in OSHA enforcement including the following:

• Expect OSHA to increase staffing under President Biden.  Word on the street is the number of OSHA inspectors in the field may double.  Current staffing is at the lowest levels in decades.  Expect funds to be given to state OSHA programs to increase staffing in addition to the federal increase. This may present challenges as states are required to match these funds.
• Expect a return to counting inspections based on complexity and novelty.
• Expect more inspections of employee hospitalizations, amputations, and eye loss reports.
• Expect a return to press releases for all large penalties, willful violations, criminal prosecutions, and other significant agency actions.
• Expect an increase in inspections that result in large penalties.
• Expect an increase in discrimination enforcement and possible expansion of limits on drug testing following an accident or injury.
• Expect increased focus on incentives that may discourage injury and illness reporting and scrutiny of all incentive programs.
• Expect additional national emphasis programs to be added.

How can employers prepare for Biden’s OSHA?

• Review your written programs to be sure they are in compliance with the current OSHA standard. Common programs include HazCom, LOTO, Bloodborne Pathogens, etc.
• Identify which programs you are required to have, review them, and know where they are if OSHA shows up to conduct an inspection.
• Assure employee training is up to date. Review training you are required to provide and confirm you have training records ready and available.
• Review your OSHA 300 and OSHA 300a and prepare them for posting February 1. OSHA 300 and OSHA 300a records must be maintained at the worksite for at least five years. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and former employees, or their representatives. https://www.osha.gov/recordkeeping
• Submit you records electronically if required by OSHA to do so. https://www.osha.gov/injuryreporting/
• Perform a safety and health audit of your facility to uncover hazards and program deficiencies and take immediate steps to address them.

Make Workplace Safety and Health a Value

 Employers who are most successful managing workplace safety and health are those who make it a value.  OSHA’s Voluntary Protection Program (VPP) is an excellent program with proven results.  Review the requirements of the program and consider implementing the key tenants into your own program even if you decide not to participate.  https://www.osha.gov/vpp

If you have questions or need help for anything OSHA or safety related,  please reach out to FDRsafety.