OSHA Rulemakings & Standards

Two Recent Judicial Decisions Transform the OSHA Regulatory Landscape for Railcar Fall Protection

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By Aaron R. Gelb, Eric J. Conn, and Lindsay A. DiSalvo

While grain and feed employers have a relatively clear idea of what OSHA expects them to do when entering bins, maintaining equipment, and preventing the accumulation of fugitive dust because those requirements are set forth in the agency’s grain handling standard, 1910.272, OSHA has been all over the map—literally—of late, taking different positions as to what employers can and cannot do when loading railcars.  The grain handling standard does not address railcar loading, and while OSHA has provided guidance to its enforcement personnel, the interpretation and application of that guidance have been anything but consistent.  Two recent judicial decisions—one issued by a federal court of appeals and the other by an administrative law judge with the Occupational Safety and Health Review Commission (“OSHRC”)—have, however, significantly clarified what OSHA can require when loading railcars, and perhaps more importantly, when OSHA has jurisdiction over such work.

First, OSHA no longer has jurisdiction over work performed on or involving railcars—even loading conducted on private property—in the states that comprise the Eighth Circuit—Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.  In a recent opinion, Continue reading →

Chemical Safety Board Marks First Enforcement Action Under Reporting Rule

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By Beeta B. Lashkari and Darius Rohani-Shukla

Despite the U.S. Chemical Safety and Hazard Investigation Board (CSB) not requesting a budget in its FY 2026 Budget Request – instead stating that “[t]he President’s Budget proposes $0 for CSB’s FY 2026 budget with the expectation that CSB begins closing down during FY 2025[,]” – there has been no shortage of activity at the agency over the past few months.  Indeed, the CSB successfully enforced its Accidental Release Reporting Rule for the first time ever, published a new volume of incident reports, updated its reportable events dataset, and deployed investigators to investigate three new incidents, among other things.  It also looks like the agency will be getting funding.  So, although it has closed the doors on its Pennsylvania Avenue office, like previous terms where the CSB was up for elimination, it looks like the CSB will continue operating, at least in the near future.

CSB’s First Enforcement Action Under its Accidental Release Reporting Rule

On July 28, 2025, the Environmental Protection Agency (EPA) announced a settlement with a California-based utility company for its failure to submit an accidental release report to the CSB following a June 8, 2023, natural-gas release in San Jose, California that seriously injured a worker.  Although the company filed a report concerning the release with the National Response Center (NRC) on June 8, 2023 and a follow up report on June 10, 2023, it did not report the incident to the CSB through the mechanisms available under the rule – that is, by either: Continue reading →

Hot Topic: How States and Federal OSHA Are Responding to Extreme Heat

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By Beeta B. Lashkari and Andrea Chavez

As record-breaking temperatures continue to impact communities and workplaces across the country, heat illness prevention remains a top priority for regulators at both the federal and state levels.  Below is an update on recent legislative and regulatory developments aimed at protecting workers from the hazards of extreme heat.

Federal OSHA: Rulemaking Hearing and Legislation

On the Fed/OSHA level, the current debate revolves around, if a final rule is promulgated within the next 3.5 years, whether that standard should be more prescriptive, or more performance-oriented, than the current proposed rule as drafted.  The two updates below, regarding the rulemaking hearing, and new legislation that has recently been introduced, reflect this tension.

Rulemaking Hearing:  As we just reported, the public rulemaking hearing on Fed/OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule recently concluded on July 2, 2025, after commencing on June 16, 2025.  Continue reading →

OSHA Heat Illness Rulemaking – Hearing Recap

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By Eric J. Conn and Beeta B. Lashkari

OSHA held its public rulemaking hearing on the proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard from June 16 through July 2, 2025.   Below is a summary of the hearing and a brief discussion of what happens next.  Finalizing the daily hearing transcripts is underway, with transcripts being uploaded to the public docket for this rulemaking.

Who Spoke?

Members of industry, unions, academia, professional groups, and the public were all well represented at the hearing.  OSHA had approximately 325 individuals register to testify and ultimately received testimony from organizations such as AFL-CIO, U.S. Chamber of Commerce, Small Business Administration Office of Advocacy, National Safety Council, American Society of Safety Professionals, United Auto Workers, American Chemistry Council, American Fuel and Petrochemical Manufacturers, United Steelworkers, Edison Electric Institute, state/local representatives, members of the public, etc.  Here are links to a full list of those who registered as well as the final hearing schedule.

The OSHA panel was a mix of representatives from the Agency’s Directorate of Standards and Guidance and members of DOL’s Office of the Solicitor.  Each day, an Administrative Law Judge presided over the hearing.

What Did We Say and What Did OSHA Ask? Continue reading →

Employers OSHA Modernization Coalition (Update and Next Steps)

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By Eric J. Conn

Last month, the national OSHA Practice at Conn Maciel Carey LLP kicked off a new initiative to work with employers and trade groups to advocate to the new Administration about OSHA standards, interpretations, enforcement policies, and agency procedures that should be evaluated for reform or rescission.

CMC has been organizing the Employers OSHA Modernization Coalition directly in response to various invitations from the second Trump Administration to identify opportunities to “modernize” the regulatory landscape.  For example, on April 11, 2025, the White House’s Office of Management and Budget (OMB) published a Request for Information (RFI) soliciting stakeholders’ feedback on federal regulations that are onerous, outdated, or unnecessary.  That RFI followed on the heels of other deregulatory steps taken by the White House, including: Continue reading →

Nevada Joins California, Oregon, and Washington in Regulating Employee Exposure to Poor Air Quality Caused by Wildfire Smoke

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By Hema Steele

On June 10, 2025, Nevada Governor Joe Lombardo signed into law Senate Bill 260, which seeks to keep employees who are working outdoors safe from the hazards associated with exposure to wildfire smoke.  The law directs the Administrator of Nevada’s Division of Industrial Relations to adopt regulations to reduce employee exposure to poor air quality caused by wildfire smoke.  Exposure to high Air Quality Index (AQI) levels irritates the lungs and respiratory system and may cause a range of symptoms from coughing and chest tightness to aggravating asthma and other chronic lung diseases, or even permanently damaging lungs. See EPA Brochure Air Quality Index: A Guide to Air Quality and Your Health (February 2014).

Through SB 260, the Legislature directs the Administrator to issue regulations requiring employers to reduce employee exposure to these hazards when the EPA AQI is 150-200 and where it is 200 or more.  For perspective, the EPA classifies an AQI in the 150-200 range as “unhealthy,” whereby some individuals may experience adverse health effects, while 201-300 is “very unhealthy,” and above 301 is “hazardous.”  See EPA’s Air Quality Index Basics.  The Administrator must also specify an AQI level at which employers will be prohibited from having employees perform critical tasks outdoors.

In addition to reducing or eliminating exposure to wildfire smoke, the law directs employers to train employees on the: Continue reading →

A (Brief) Preview of the Future of Workplace Safety & Health: Trump’s Nominee to Lead OSHA Appears Before the Senate HELP Committee

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By Aaron Gelb, Eric J. Conn, Kate McMahon, and Rachel Conn

On Thursday, June 5, David Keeling, President Trump’s nominee to serve as Assistant Secretary of Labor (OSHA), appeared before the Senate Committee on Health, Education, Labor and Pensions (the “HELP Committee”).  After starting his career as a package handler, and member of the Teamsters union, at United Parcel Service (UPS) in 1985, held a variety of safety-focused roles, eventually serving as the global head of safety for the package handling giant.  After his long and distinguished career in safety at UPS, Keeling served as the Director of Road and Transportation Safety at Amazon from 2021 to 2023, during which time the company was working to resolve OSHA investigations through improved ergonomic safety procedures.

Regular readers of the OSHA Defense Report no doubt recall that during the first Trump Administration (2017-2021), for the first time in OSHA’s history, the agency went four years without a Senate-confirmed Assistant Secretary at the helm.  The second Trump Administration appears to be taking a very different approach by quickly nominating Keeling and ensuring that he gets his turn before the Senate HELP Committee before the Summer begins, increasing the odds that there will be a Trump-appointed Head of OSHA before the Fall of the first year of President’s Trump second term.

Keeling prefaced his remarks by stating Continue reading →

Illinois’ Proposed Workplace Extreme Temperature Safety Act: Key Provisions and Status Update

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By Beeta B. Lashkari and Andrea Chavez

The trend of states proposing or adopting heat illness prevention standards continues, with Illinois attempting to become the first Fed/OSHA state (for private employers) with a general industry standard. The proposed Illinois Workplace Extreme Temperature Safety Act (HB 3762/SB 2501) (“Act”), introduced on February 7, 2025, aims to address the growing risks posed by extreme temperatures in the workplace.  The legislation would require employers to develop comprehensive plans to prevent temperature-related occupational illnesses and injuries. The Act applies broadly, but, for example, does not apply to any employees directly involved in the protection of life or property, including, but not limited to, lifeguards, firefighters, paramedics, law enforcement personnel, and employees engaged in the emergency restoration of essential infrastructure and services, including roads, bridges, utilities, and communications. On March 19, 2025, HB 3762 advanced out of the House Labor and Commerce Committee with a 17–8 vote. SB 2501 remains pending in the Senate Assignments Committee. Continue reading →

Coalition of Employers and Trade Groups to Modernize OSHA and MSHA Processes and Standards

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By Conn Maciel Carey LLP’s national OSHA and MSHA Practice Groups

The Trump Administration continues its quest toward easing regulatory burdens and improving efficiency of government functions by seeking input from the public about overly burdensome regulations that should be rescinded or replaced.  CMC invites employers who prioritize their workers’ safety but get frustrated by OSHA’s and MSHA’s sometimes antiquated or onerous regulatory framework to join the Employers OSHA and MSHA Modernization Coalition.

The Employers OSHA and MSHA Modernization Coalition will allow employers to take advantage of this unprecedented opportunity to recommend improvements to a broad swath of outdated or unduly burdensome workplace safety and health standards, processes, and enforcement policies implemented by the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA).

The Coalition will be conducting separate open OSHA and MSHA kickoff virtual meetings next week – OSHA on Wednesday, May 7, 2025 and MSHA on Friday, May 9, 2025 – to discuss the types of reform for which we will be advocating, the process we will follow to present our advocacy to the Administration and to OSHA and MSHA directly, and how companies and trade groups can effectively contribute.  For more details, read on or contact Eric Conn, Chair of CMC’s OSHA Practice and Nick Scala, the Chair of CMC’s MSHA Practice.

What is the White House’s Objective? Continue reading →

NFPA 660: New Scheme to Manage Combustible Dust

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By Beeta Lashkari and Valerie Butera

The National Fire Protection Association (NFPA) has changed the way industries manage combustible dust and particulate solid hazards by replacing six separate combustible dust standards with one consolidated and streamlined scheme. Effective December 6, 2024, NFPA 660: Standard for Combustible Dusts and Particulate Solids is intended to eliminate variability across previous standards, providing industries with clearer and more consistent guidelines to managing combustible dust hazards. Below we provide an overview of combustible dusts, a description of the new standard, a summary of the ways in which combustible dust hazards are managed by regulators like OSHA and the CSB, as well as employer takeaways.

Overview of Combustible Dusts

As we explained in our webinar, broadly, combustible dusts are finely divided combustible particulate solid that presents a flash fire hazard or explosion hazard when suspended in air under certain conditions. Combustible dusts can include dusts of grains, sugar, corn starch, cotton, metals, pharmaceuticals, plastics, carbon, and wood, among others. Given the wide range of dusts that might be combustible, it is not surprising that numerous industries are affected by combustible dust hazards, including, but not limited to, chemical manufacturing, food products, metal industries, rubber and plastic products, equipment manufacturing, lumber and wood products, etc.

Although combustible dust incidents may Continue reading →

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

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By Eric J. Conn and Beeta B. Lashkari

We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking.  Conn Maciel Carey’s national OSHA Practice organized the Employers Heat Illness Prevention Rulemaking Coalition in 2021, and has worked closely with industry leaders for the last five years to advocate to OSHA for a reasonable, flexible, performance-oriented Heat Standard through OSHA’s Advanced Notice of Proposed Rulemaking, Small Business review process, and the notice-and-comment period for federal OSHA’s Notice of Proposed Rulemaking (“NPRM”) stage last year, with a comprehensive set of written comments.  We are engaging with Industry now to float our thoughts on potential paths forward, to see if employers and trade groups may be interested in joining the Employers Heat Illness Prevention Rulemaking Coalition now, with a new, unique opportunity to influence OSHA’s heat rulemaking.

Status of OSHA’s Heat Illness Prevention Rulemaking

On December 2, 2024, former President Biden’s OSHA announced a public heat illness rulemaking hearing that will begin on June 16, 2025.  Last week, President Trump’s OSHA issued a press release stating that the Heat Injury and Illness public rulemaking hearing will proceed as scheduled.  Going through with the hearing will bring the proposed rule one step closer to final – essentially to the one-yard line.

Interestingly, the decision last year to schedule the hearing in June reflected, to us, an effort by the Biden Administration to maintain momentum for this rulemaking.  This maneuver placed the new Administration in a position where it had to take an affirmative action to stop the hearing, which could have drawn public criticism.  At the very least, it limited the ability of Pres. Trump’s OSHA to quietly sideline the heat illness rulemaking – if that was going to be its intention.  Hearing or no, we find it nearly impossible that OSHA will Continue reading →

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line

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By Eric Conn, Beeta Lashkari and Darius Rohani-Shukla

On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments about the agency’s Notice of Proposed Rulemaking (“NPRM”) for a Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard, taking the proposed rule one step (perhaps a very long step now) away from issuing a final Heat Standard. On behalf of the Employers Heat Illness Prevention Coalition, we submitted a robust set of written comments detailing our concerns about some of the more onerous and rigid aspects of the proposed rule.

Although OSHA has now moved the Heat Rulemaking so close to the finish line, it is likely that the finish line will be pushed back, potentially for at least four years.  We do not expect Trump’s OSHA to engage in much, if any, rulemaking activity, other than de-regulatory actions. From a process standpoint though, the next time there is a Democrat in the White House, OSHA would inherit this flawed proposed rule and could issue it without having to navigate through any of the rigors of Administrative Procedure Act notice-and-comment rulemaking (i.e., there will not be another Small Business Advocacy Review (“SBAR”) Panel, or another NPRM and public comment period).  So, that written comment period was one of the last chances for stakeholders to submit written comments about a proposed federal heat illness prevention standard.

Below we provide a history of the rulemaking, an outline of key requirements in the proposed rule, a high-level summary of the comments submitted by our Employers Rulemaking Coalition,  our thoughts on the upcoming public rulemaking hearing, and a reminder about OSHA’s Heat National Enforcement Program (“NEP”), since, before you know it, summer temperatures will be here again.

Continue reading →

New Mexico Becomes the Latest State to Propose Heat Illness Prevention Rule

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By Hema Steele and Beeta Lashkari

On March 13, 2025, the New Mexico Environment Department’s (NMED) Occupational Health and Safety Bureau (OHS Bureau) petitioned the state’s Environmental Improvement Board (EI Board) to adopt a proposed rule to address occupational heat hazards, particularly where the heat index equals or exceeds 80°F.

The American southwest is among the fastest warming regions in the United States, and Acting Occupational Health and Safety Bureau Chief Kristy Peck confirmed that “New Mexico is both hotter and dryer than in years past.”  In 2024 alone, the state’s health department reported more than 800 heat-related emergency room visits.  As a result, New Mexico now seeks to regulate employers to ensure employees are protected from the hazards associated with hot working conditions. Continue reading →

Nevada OSHA Adopts New Heat-Illness Prevention Regulation: What Employers Need to Know

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By Beeta Lashkari and Andrea Chavez

As previously reported, on November 15, 2024, Nevada adopted heat illness prevention regulation R131-24AP, aiming to protect workers from heat-related hazards in both indoor and outdoor environments. Nevada OSHA has since released guidance on implementing the regulation, with enforcement set to begin on April 29, 2025—90 days after the guidance release on January 29, 2025.

Overview and Application of the Regulation

The regulation applies to employers with more than 10 employees in industries under Nevada OSHA’s jurisdiction, as well as employers in explosive manufacturing, regardless of size. It generally does not apply to employees working indoors in climate-controlled environments, including motor vehicles with functioning climate control systems. However, if such a system fails, employers must make good-faith efforts to reestablish an effective climate control system as soon as practicable and implement interim measures to mitigate heat illness risks.

Generally, under the new regulation, covered employers are required to: Continue reading →

New U.S. Chemical Safety Board Tool

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By: Eric J. Conn and Beeta B. Lashkari

On Tuesday, January 14, the CSB announced a new “incident report” tool, calling it a “new safety product to provide the public with more information about serious chemical incidents reported to the agency.”  Through its announcement, the CSB released the first volume of incident reports.  The CSB will be compiling summaries of incidents reported under its Accidental Release Reporting Rule (“ARRR”) and making them available to the public on the CSB’s website on a regular basis.

As for the first volume of incident reports, it covers 26 accidental release events, spanning in time from April 2020 to September 2023.  Those events occurred in 15 states (California, Colorado, Georgia, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, New Mexico, North Carolina, North Dakota, South Carolina, Tennessee, and Texas), and together, resulted in five fatalities, 17 serious injuries, and approximately $700 million in property damage.  Each incident report includes a summary of the event and its probable cause.  In its announcement, the CSB specifically calls out the events covered in the first volume: Continue reading →

Nevada Adopts New Heat-Illness Regulation

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By Andrea Chavez and Rachel Conn

On November 15, 2024, Nevada adopted a heat-illness regulation (R131-24AP) designed to protect workers from rising temperatures. Nevada’s new regulation reflects a growing trend among states implementing measures to protect workers from heat illness. In July 2024, California introduced an indoor heat illness regulation, building on its long-standing outdoor heat illness requirements. For more details on the California regulation, check out our blog post.

The new Nevada regulation requires employers to conduct a job hazard analysis, maintain a written safety program, implement emergency response procedures, and provide worker training.

The regulation does not apply to employees working indoors or in vehicles with effective climate control systems. If the climate control system becomes non-functional, employers must make good-faith efforts to restore functionality promptly. Until restored, interim measures must address potential heat illness hazards.

According to the Division of Industrial Relations, it will publish employer guidance on its website, and the Division’s Safety Consultation and Training Section will develop and post training courses on it’s website in the coming weeks. The regulation became effective upon filing by the Nevada Secretary of State. Enforcement of the regulation will begin 90 days from the publication of the guidance.1

The regulation applies to employers with more than 10 employees and establishes requirements to mitigate heat illness risks. Key provisions include: Continue reading →

Trump 2.0, OSHA: Expect Shifts in Federal Enforcement and Rulemaking Priorities As Well As More Aggressive State Plan Enforcement

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By Scott Hecker, Rachel L. Conn, Eric J. Conn, and Aaron R. Gelb

As the dust settles on the 2024 Election Cycle and the pundits continue analyzing and dissecting the results, the OSHA/MSHA Team at Conn Maciel Carey draws from decades of experience representing employers during Republican and Democratic administrations to forecast how the workplace safety and health landscape may change with respect to enforcement, compliance assistance, and rulemaking under a second Trump Administration.

Enforcement Resources and Priorities

At the federal level, history can provide insight into the likely priorities of a second Trump term.  As loyal readers of this blog know, OSHA operated without a confirmed Assistant Secretary for the entirety of the first Trump Administration.  While agencies lacking Senate-confirmed leaders can feel adrift and directionless, with confusion about roles, responsibilities, and priorities, it was essentially business as usual at OSHA under Trump—at least until COVID-19 hit—with other agencies facing more focused efforts to deregulate.  While it is not yet clear how quickly the second Trump Administration will turn its sights to OSHA, we’re unlikely to see a push to increase OSHA’s budget or even to backfill enforcement personnel who leave the agency.  OSHA had the fewest compliance officers in its history during the Trump Administration, and despite efforts by President Biden to increase staffing levels, the number of enforcement personnel is sure to ebb again.  Fewer compliance officers will lead to decreased enforcement activity, as well as overwhelming workloads for remaining employees, and such a combination often results in reduced morale.

OSHA under Trump 2.0 is likely to adopt more employer-friendly policies than President Biden’s current administration and could: Continue reading →

Fed OSHA’s Heat Illness Prevention Proposed Rule Officially Published in the Federal Register

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By Conn Maciel Carey LLP’s OSHA • Workplace Safety Group

As you may recall, way back on July 2nd, OSHA “revealed” an unofficial pre-publication version of a Notice of Proposed Rulemaking (NPRM) for a federal Indoor and Outdoor Heat Illness Prevention Rule.  After a peculiar delay (apparently the result of having to format the numerous tables, charts, and graphics from the 1,000+ page NPRM package), the official NPRM was published in the Federal Register today, Friday, August 30th.

We have reviewed the official NPRM, and, for better or worse, we can verify that OSHA did not make any substantive changes to the proposed rule from the version that had been revealed back in July.

In the official NPRM, OSHA maintains its previously suggested 120-day public comment period.  But 120-days from August 30th is December 30th.  Since that is the week between Christmas and New Years, stakeholders will almost certainly request an extension of the comment period — a request that only the Grinch could refuse.

What is in OSHA’s NPRM for the Heat Illness Rule?

Below we have outlined our analysis of OSHA’s proposed rule. Continue reading →

Destabilized But Not Yet Deconstructed: Analysis of This Momentous SCOTUS Term for the Administrative State

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By Conn Maciel Carey’s national OSHA Practice Group

The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with respect to the ability of federal agencies to promulgate and enforce regulations.  In a trio of recent decisions addressing federally mandated monitors in fishing vessels (Loper Bright v. Raimondo), civil fines imposed by the Securities and Exchange Commission (SEC v. Jarkesy) and payment network processing fees incurred by a truck stop (Corner Post, Inc. v. Board of Governors of the Federal Reserve System), the High Court sent shockwaves that will likely reverberate through all federal agencies and the regulated community alike for years to come.

The familiar framework in which these agencies have long operated, dating back to the mid-1980s when Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. was decided, appears to have been upended, or at least is now resting on shaky ground. And while these three decisions do not, by themselves, dismantle the administrative state, they have the potential to significantly reorder the familiar foundations upon which OSHA and dozens of other administrative agencies have operated.

Perhaps most importantly, these decisions appear to open the door wide for future challenges to vast swaths of the Code of Federal Regulations that currently govern how businesses and other regulated entities operate today and the venue where regulatory disputes are resolved. This article examines the implications of these cases and offers some educated speculation about the sea change that may occur at OSHA and elsewhere over the next few years. Continue reading →

Analysis of OSHA’s Proposed Heat Illness Prevention Rule – Sign-up for the Kickoff Meeting for CMC’s Employers Heat Rulemaking Coalition

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By Eric J. Conn and Beeta B. Lashkari

On July 2, 2024, OSHA revealed an unofficial version of its Notice of Proposed Rulemaking (NPRM) for an Indoor and Outdoor Heat Illness Prevention Rule.  For unknown reasons, OSHA has not yet published the official NPRM in the Federal Register, but it is expected any day.  Interested stakeholders will have a 120-day period to submit public comments to OSHA after the NPRM is published, which will make comments due likely sometime in December 2024.

CMC’s Employers Heat Illness Prevention Rulemaking Coalition has had a prominent seat at the table from the get-go to advocate for the most reasonable possible standard. Read our article here for more information about our advocacy to OSHA during earlier stages of OSHA’s Heat Illness Rulemaking.

This Alert provides a detailed summary of what is in OSHA’s proposed Indoor and Outdoor Heat Illness Prevention Rule and how to ensure your industry’s interest are represented during the final phase of OSHA’s Heat Illness Rulemaking.

What is in OSHA’s NPRM for the Heat Illness Rule

Below is a summary of what is in the NPRM and some of our initial impressions of OSHA’s proposal: Continue reading →

OSHA Reveals Its Official Proposed Indoor and Outdoor Heat Illness Prevention Rule – Join CMC’s Heat Illness Rulemaking Coalition

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By Eric J. Conn, Kate M. McMahon, and Beeta B. Lashkari

To kick off the 4th of July Celebration early, today, July 2, 2024, OSHA released an unofficial version of its Indoor and Outdoor Heat Illness Prevention Notice of Proposed Rulemaking (“NPRM”).  An official version will be published in the Federal Register in the next few days, maybe even tomorrow.  Once published in the Federal Register, the regulated community will have a 120-day period to submit public comments to OSHA’s rulemaking docket.

OSHA also issued a news release on the proposal, in which the Assistant Secretary of Labor for OSHA, Doug Parker, announced:

“Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them….  Today’s proposal is an important next step in the process to receive public input to craft a ‘win-win’ final rule that protects workers while being practical and workable for employers.”

The White House also issued a fact sheet on President Biden’s new actions to protect workers and communities from extreme weather, which leads off with information about OSHA’s proposed Heat Illness Rule.

What is in OSHA’s Proposed Indoor and Outdoor Heat Illness Rule

We are carefully reviewing the lengthy NPRM package as we speak, but wanted to share with you all some initial impressions right away: Continue reading →

Update On OSHA’s Heat Illness Prevention Rulemaking – Join CMC’s Rulemaking Coalition for the Final Phase

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By Beeta B. Lashkari, Eric J. Conn, and Kate M. McMahon

Unsurprisingly, as temperatures rise, activity on OSHA’s Outdoor and Indoor Heat Illness Prevention rulemaking is heating up, too.  On May 8, 2024, OSHA announced that it is moving closer to publishing a proposed Heat Illness Rule for U.S. workers in both outdoor and indoor settings.  Indeed, timing-wise, Acting Labor Secretary Julie Su told lawmakers at a May 1st House oversight hearing that OSHA expects to release a Notice of Proposed Rulemaking advancing its long-awaited heat injury and illness prevention standard “later this year.”

Background

The good news is, even before a proposed rule has been issued, we are already seeing the effective work of our employers rulemaking coalition pay off.  As a reminder, Conn Maciel Carey has organized and led a diverse coalition of national employers and trade associations representing many industries, from construction and energy, to manufacturing, petroleum refining and chemical manufacturing, retailers and grocers, utilities, warehousing, and many more.  We have had a prominent “seat at the table” in this rulemaking from the get-go.  During what we called “Phase One” of OSHA’s heat illness rulemaking, in January of 2022, we Continue reading →

Update on OSHA’s Emergency Response Rulemaking

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By Beeta B. Lashkari and Eric J. Conn

On February 5, 2024, OSHA revealed its Notice of Proposed Rulemaking for a new Emergency Response Standard, initiating a public comment period.  As we previously reported, the rulemaking is designed to update OSHA’s existing Fire Brigades Standard and to expand safety and health requirements related to emergency responders – both public and private.

Although OSHA extended the deadline by which comments must be filed from May 6 to June 21, that day is approaching fast, especially given the length, technical nature, and complexity of the proposed rule.  To that end, we are writing to re-gauge your organization’s interest in participating in a coalition of employers and trade associations to work on this OSHA rulemaking with us.

Background About OSHA’s Emergency Response Rulemaking

Per OSHA, the proposed Emergency Response Standard is meant to replace the existing Fire Brigades Standard and will update safety and health protections in line with national consensus standards for a broad range of workers exposed to hazards that arise during emergencies.  While the number of requirements will significantly increase, so too would the scope of the standard.  Particularly, the existing Fire Brigades Standard would be substantially expanded to apply to Continue reading →

What You Need to Know About OSHA’s Updated Hazard Communication (Chemical Right-to-Know) Standard

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By Valerie Butera and Kate McMahon

On May 20, 2024, OSHA published a significant revision to the Hazard Communication Standard (HCS) in an effort to better align the HCS with the United Nations’ Globally Harmonized System of Classification, primarily Revision 7 (GHS).  This final rule also seeks to clarify ambiguities left unresolved by the last set of revisions to the HCS and to improve alignment with other federal agencies and international trading partners.

In making these changes, OSHA has created a host of new regulatory hurdles for chemical manufacturers, importers, distributors, and downstream users.  The final rule becomes effective July 20, 2024, but offers a grace period during which the regulated community may comply with the final rule or the prior version of the HCS.

CMC sat down with Maureen Ruskin, the now-former OSHA official who led the effort to align the HCS with the GHS, to discuss the changes in this final rule.  Our conversation informed this Client Alert, which begins with an overview of the biggest impacts the final rule will have on the regulated community and the timeline for coming into compliance with the new and changed requirements, provides a detailed discussion of what the final rule says and means, explores significant changes between the language of the proposed rule and what was actually adopted in the final rule, and explores tips and strategies for compliance.

Implications for the Regulated Community

The final rule impacts nearly every aspect of hazard communication – from Continue reading →

OSHA Officially Published Its Proposed Emergency Response Rule

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By Eric J. Conn and Beeta B. Lashkari

We hope you saw our post last week about OSHA’s new Emergency Response Rulemaking and the Rulemaking Coalition that Conn Maciel Carey LLP is organizing to work on this surprisingly onerous proposed rule.

When we published that article, the NPRM package had been revealed by OSHA but had not yet been published in the Federal Register.  That has now changed.  OSHA’s proposed Emergency Response rule for emergency and related responders was officially published in the Federal Register today.  Unless OSHA grants a request for an extension of the comment period, stakeholders’ written comments to the NPRM will be due in 90-days – by May 6, 2024.

Here is more detail about some concerning aspects of OSHA’s new proposed Emergency Response Rule and about our Rulemaking Coalition.

CMC’s prior OSHA Rulemaking Coalitions over the last several years have been successful in making important changes to OSHA’s major rulemakings and have otherwise been valuable experiences for our participants because of the timely and detailed updates about the rulemaking processes that we have provided.  We intend to take the same approach for this rulemaking.  We will coordinate with our coalition participants to: Continue reading →