The Occupational Safety and Health Administration (OSHA) issued a press release on January 26, 2023, announcing that they have enacted new enforcement guidance which is intended to, “stop employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements.” OSHA’s goal is to target employers that are putting profit over the safety of their employees by holding these companies accountable at a higher level. This new enforcement will become effective on March 27, 2023.
The new guidance allows for inspections to result in instance-by-instance citations which means. OSHA can now cite employers for each instance of a known violation. This could mean by machine, entry, location, or employee. For example, if a company has multiple machines that aren’t properly guarded, instead of grouping these into one citation, OSHA can cite for each instance. If there are multiple employees who are not provided proper fall protection or fall prevention training, OSHA can cite for each employee who was placed at risk. The use of the instance-by-instance citations are for cases where the agency identifies high gravity serious violations of OSHA standards specific to the following:
- Falls
- Trenching
- Machine Guarding
- Respiratory Protection
- Permit-Required Confined Spaces
- Lockout/Tagout
- Recordkeeping
Regional Administrators and Area Directors have discretion to apply instance-by-instance penalty adjustments where appropriate. This applies to general industry, construction, maritime, and agriculture. Companies to be considered for the use of the instance-by-instance citations should be based on one or more of the following factors:
- The employer has received a willful, repeat, or failure to abate violation within the past five years where that classification is current;
- The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye pursuant to the requirements of 29 CFR 1904.39;
- The proposed citations are related to a fatality/catastrophe;
- The proposed recordkeeping citations are related to injury or illness(es) that occurred as a result of a serious hazard.
What does this mean for employers? As OSHA is increasing their focus on high-risk industries and employers with a history of OSHA citations, these employers need to be prepared for OSHA inspections. Employers are encouraged to conduct a health and safety assessment to determine what applies and to ensure no gaps exist. The assessment should include a review of the following:
- Recordkeeping requirements
- Safety policies and procedures
- High-risk activities and safety protocols
- Employee training records
- Records retention
If you need assistance in conducting a health and safety assessment or need support with a specific area of concern (e.g., fall protection, confined space entry, lockout/tagout, etc.), CMI has the expertise to support you to achieve your goals and avoid costly fines and penalties.
Written by Michael Schneider, CSP, Director, Health and Safety Services
