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More OSHA Updates: New Administration, New Standards, HCS Updates and More


New Administration
Former member of the Biden-Harris transition team Douglas L. Parker is the Nominee for Assistant Secretary for Occupational Safety and Health, Department of Labor
He currently serves as chief of California’s Division of Occupational Safety and Health (Cal/OSHA), a position he has held since 2019. Prior to his appointment to Cal/OSHA, Parker was executive director of Worksafe, an Oakland, California-based legal services provider.
Workplace safety enforcement will be more aggressive and robust under an OSHA governed by the Biden administration, and Parker will be tasked with overseeing those enforcement efforts. Employers should prepare for these more aggressive policies by ensuring that their safety and health programs are compliant with rules that are still in place and govern American workplaces. Employers should work to identify and eliminate workplace safety hazards.
The new administration has made it clear they intend to double the number of OSHA investigators to enforce the law and existing standards and guidelines. “It will likely take around 18 months for new inspectors to be trained and begin conducting inspections. Once those new compliance officers are in the field, employers can expect more OSHA inspectors knocking on their doors.”1


Secretary of Labor Sworn In
Marty J. Walsh was sworn in as the nation’s 29th Secretary of Labor on March 23, and immediately shared a public message about his commitment to America’s workforce.2


New Standards Possible for Heat-Related Illnesses and Violence in the Workplace for Healthcare
Chairman Robert C. Scott joined Reps. Judy Chu, Raúl M. Grijalva and Alma Adams to introduce legislation to ensure the safety and health of workers who are exposed to dangerous heat conditions in the workplace. The Asunción Valdivia Heat Illness and Fatality Prevention Act is named in honor of Asunción Valdivia who died in 2004 after picking grapes for ten hours straight in 105-degree temperatures.
The Asunción Valdivia Heat Illness and Fatality Prevention Act will protect workers against occupational exposure to excessive heat by: 
•    Requiring the Occupational Safety and Health Administration (OSHA) to establish an enforceable standard to protect workers in high-heat environments with measures like paid breaks in cool spaces, access to water, limitations on time exposed to heat, and emergency response for workers with heat-related illness; and 
•    Directing employers to provide training for their employees on the risk factors that can lead to heat illness, and guidance on the proper procedures for responding to symptoms.3

Biden Administration strongly supports passage of H.R. 1195, which would require OSHA to issue workplace violence standard for healthcare workers within a year. If you work in healthcare you have most likely heard about a potential standard for years as this has been an ongoing conversation. 4

 

OSHA extends comment period for proposed rule to update hazard communication standard
The U.S. Department of Labor's Occupational Safety and Health Administration has extended the comment period for the proposed rule to update the agency's Hazard Communication Standard (HCS) to May 19, 2021. OSHA extended the comment period by 30 days to allow stakeholders additional time to review the proposed rule and collect information and data necessary for comment.
OSHA expects the HCS update will increase worker protections, and reduce the incidence of chemical-related occupational illnesses and injuries by further improving the information on the labels and Safety Data Sheets for hazardous chemicals. Proposed modifications will also address issues since implementation of the 2012 standard, and improve alignment with other federal agencies and Canada.5


Citations

BUNNELL, FL – Falls are among the most fatal hazards construction workers face. A recent inspection of a Bunnell residential work site showed a framing and sheathing contractor failed to protect their employees from falls.
As part of its Regional Emphasis Program for Falls in Construction, the U.S. Department of Labor’s Occupational Safety and Health Administration cited P & S Service Group Inc. for repeat violations for failing to ensure employees used a fall protection system while working from heights greater than 6 feet. OSHA cited the company for a similar violation in October 2017. The company faces $61,575 in penalties.
“This employer has repeatedly disregarded the safety of their employees despite previous OSHA violations,” said OSHA Area Director Michelle Gonzalez in Jacksonville, Florida. “Employers must ensure that workers are protected from these well-known hazards.”
OSHA’s Fall Protection in Construction booklet provides information on federal fall prevention requirements, including conventional fall protection systems, restraints and training. The Fall Protection webpage offers extensive reference materials to help employers and workers recognize and prevent fall hazards.
https://www.osha.gov/news/newsreleases/region4/04082021 

BOSTON – The owner of a Lynn, Massachusetts, tax preparation service faces $136,532 in penalties for prohibiting her employees and customers from wearing masks, failing to ensure employees and customers practiced social distancing, and refusing to implement other safeguards against the coronavirus.
The U.S. Department of Labor’s Occupational Safety and Health Administration cited Ariana Murrell-Rosario – doing business as Liberty Tax Service – for willfully failing to develop and implement measures to prevent the spread of the coronavirus.
OSHA opened its March 17, 2021, inspection following a referral from the Division of Labor Standards of the Commonwealth of Massachusetts Executive Office of Labor and Workforce Development. OSHA found that Murrell-Rosario and Liberty Tax Services:
Prohibited employees and customers from wearing face coverings in the workplace despite a statewide mask order that mandated the business to require employees and customers to wear masks.
Required employees to work within 6 feet of each other and customers for multiple hours while not wearing face coverings.
Failed to provide adequate means of ventilation at the workplace.
Failed to implement controls such as physical barriers, pre-shift screening of employees, enhanced cleaning and other methods to reduce the potential for person-to-person transmission of the virus.
 

1. https://www.forbes.com/sites/edwardsegal/2021/04/12/what-bidens-nomination-of-doug-parker-to-head-osha-means-for-business-leaders/?sh=2ee357d37d00 

2. https://www.osha.gov/quicktakes/04012021 

3. https://edlabor.house.gov/media/press-releases/house-senate-leaders-introduce-heat-stress-legislation-to-protect-farm-workers#:~:text=The%20Asunci%C3%B3n%20Valdivia%20Heat%20Illness%20and%20Fatality%20Prevention%20Act%20will,exposure%20to%20excessive%20heat%20by%3A&text=Directing%20employers%20to%20provide%20training,procedures%20for%20responding%20to%20symptoms. 

4. https://www.congress.gov/bill/117th-congress/house-bill/1195/text 
This is about the workplace violence standard for healthcare

5. https://www.osha.gov/news/newsreleases/trade/04132021#:~:text=OSHA%20Trade%20Release&text=WASHINGTON%2C%20DC%20%E2%80%93%20The%20U.S.%20Department,)%20to%20May%2019%2C%202021. 

Citations reposted from OSHA.gov 
 

Most Recent

BWC's Risk Management Essentials Program

Posted By Brandy King
April 25, 2025 Category: General

Ohio BWC recently announced a new rebate program called Risk Management Essentials (RME). If your company enrolls and meets the requirements, this program could help your business earn additional premium savings of 5% of your annual premium, up to a maximum of $25,000.  Both private and public employers who are NOT enrolled in Group Rating or Group Retro can participate in the RME. The policyholder must complete the existing requirements of BWC’s Safety Council Program (attending at least 10 of 12 meetings during the policy year), plus an additional six hours of safety and claims management education provided by the program sponsor. Spooner plans on sponsoring this pilot program so we can offer another option to our clients who don’t qualify for group savings programs. The training must be conducted in-person or virtually in real-time. Other training sessions, like pre-recorded webinars or videos, will not qualify for program credit. In addition, your policy must be in good standing – no lapses over 40 days, current on premium payments, and the most recent True Up completed (and any associated balance paid). Employers will enroll in RME via their third-party administrator, who then submit the applications to BWC by the last business day in May. If you’re a Spooner Inc. client, we’ll notify you if this program could be beneficial for your company in the upcoming 2025 policy year. In the meantime, feel free to reach out to your Client Serv

2025 MCO Open Enrollment is Approaching!

Posted By Brandy King
April 23, 2025 Category: Mco, Ohio Bwc, Mco Open Enrollment, Managed Care Organization, 2025 Open Enrollment

MCO Open Enrollment will take place Monday, April 28 Friday, May 23, 2025. The opportunity for employers to choose their managed care organization (MCO) for Ohio Workers’ Comp comes only every two years, so employers will not have the opportunity again until 2027. Don’t miss out if you want to make a change! We know May is “busy season” for several industries with the weather warming up, but if you’re anything less than pleased with your MCO – it’s worth making time to take a few meetings and consider your options. With all of the mergers and acquisitions in the Ohio MCO marketplace over the last several years, there are now only nine companies to choose from. Since MCOs aren’t paid directly by employers, there are often low expectations set because no “value” is assigned. It’s true that MCOs are paid by Ohio BWC, but they are paid with a portion of employer premium dollars. Mismanaged claims can also cost you in the long run when those costs enter the experience and impact your premiums.  If you want to stay with your current MCO, there is nothing you need to do. We suggest being very cautious of what you sign or agree to during this time period, as some sales tactics can be misleading. You can view BWC’s 2025 MCO Report Card here, and learn more about how to interpret the results

Important BWC Dates to Remember

Posted By Brandy King
February 19, 2025 Category: Ohio Bwc, Ohio Safety Congress, Self Insured Assessment, Dfsp, Drug Free Safety Program, Cirp, Claim Impact Reduction, One Claim Program

Employers participating in Ohio BWC’s Drug-Free Safety Program (Basic or Advanced) or a Comparable Program will need to submit their required reports by March 31. The report and instructions for Basic and Advanced participants can be found online here, and the report and instructions for Comparable-Level participants can be found online here. Your report also serves as an application for the next program year. If you have additional questions or concerns about this reporting, or need a resource for training, please reach out to your Client Services Manager at Spooner Inc., or email clientservices@spoonerinc.net.  If your policy is enrolled in the Claim Impact Reduction Program (CIRP, formerly known as the One Claim Program), you will need to complete the required training by March 31. A representative from your company must attend a half day class or three hour online class offered by BWC’s Division of Safety & Hygiene. This PDF has additional details about CIRP that first-year participants may find helpful.  For self-insured employers, annual self-insured assessments are due February 28th.  Ohio Safety Congress registration recently opened as well. This three day educational event is free to attend for employers with an active Ohio BWC policy. The Expo Marketplace will be open Wednesday and Thursday, and we encourage you to come visit us in booth 129! You can register for Ohio Safety Congress

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