During Obama’s Second Term, Expect Continuity from OSHA

February 13, 2013 - As President Obama begins his second term, leadership at the Occupational Safety and Health Administration remains in place, so employers can expect ongoing momentum in regulatory policy and enforcement.

The future of the Department of Labor is uncertain, with Secretary Hilda Solis stepping down and her successor yet to be named. But from an enforcement perspective, employers should continue to expect a vigorous OSHA. The agency has committed significant resources to its enforcement program, along with new national and special emphasis programs. This focus likely will continue during President Obama’s second term.

OSHA is primed to further its enforcement and regulatory priorities in significant ways. Some key initiatives include:

Injury and Illness Prevention Program (IIPP). OSHA’s IIPP rule has been the agency’s most significant regulatory priority. OSHA has indicated that it is ready to begin the Small Business Regulatory Enforcement Fairness Act (SBREFA) process for the rule, in which the agency solicits input from affected small businesses.

Crystalline Silica. The regulation of crystalline silica is a significant rulemaking, given how ubiquitous crystalline silica is on jobsites. OSHA’s draft proposed rule considered lowering the permissible exposure limit for the substance, implementing extensive “housekeeping” requirements, requiring exposure monitoring and the establishment of regulated areas, and imposing medical surveillance.

Stricter Injury and Illness Reporting Obligations. OSHA has proposed requiring employers to report workplace amputations to the agency within 24 hours, and all in-patient hospitalizations within eight hours. Any workplace fatality would continue to be reportable as well.

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