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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 
 

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Rehashing the Complexities of Marijuana in the Workplace

Posted By Brandy King
February 02, 2026 Category: Medical Marijuana, Drugs In The Workplace, Marijuana Rescheduled, Marijuana Breathalyzer, Cannabix, Thc Breath Test

Toward the end of 2025, President Trump signed an executive order directing the U.S. Department of Justice (DOJ) to expedite the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. This is monumental in that it acknowledges that marijuana does, in fact, have valid clinical/medical uses and has low-to-moderate potential for abuse. Only four states in the U.S. still regard cannabis as being fully illegal, while another six allow only the cannabinoid CBD, which is known not to produce psychoactive effects. All other states have some version of legal or decriminalized marijuana, be it medical, recreational, or a combination of both. The first thing that’s important to note and is widely misunderstood is that this rescheduling does not legalize marijuana federally. As of January 28, 2026, Marijuana is still a Schedule I drug, since the Drug Enforcement Agency (DEA) has not yet finalized this rule. Once they do cement this change, there could be some wide-sweeping changes to drug testing. The Department of Health & Human Services (HHS) currently only allows testing for Scheduled I and II substances for federal and regulated drug-testing programs followed by DOT-regulated employees and other safety-sensitive positions. Truck drivers, pilots, transit operators, railroad employees, and pipeline workers are all currently subject to mandatory drug and alcohol testing, including marijuana. There has been talk of a

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Posted By Brandy King
February 02, 2026 Category: Ohio, Unemployment, Hr Outsourcing, Unemployment Claims, Fraud

If you haven’t considered trusting Spooner’s family of companies with managing your unemployment claims, maybe you’re not sure what it entails and how much time and hassle it could save. You may have also tried outsourcing this to another vendor in the past and found that their approach really didn’t save you much of anything. The team at Spooner Risk Control (which encompasses both Spooner Inc and SuretyHR) boasts over 15 years of experience managing unemployment claims, including an attorney that will represent your company at hearing. Many clients that are new to using our unemployment services have shared that past vendors still required them to log into their portal, submit all the responses and paperwork, then the vendor would send to the state. Our approach is to simply ask for the documentation, submit, and take care of everything. As an unemployment services client, you’d be asked to sign a third-party representation form that will allow any unemployment-related forms and letters to come directly to us so you’re not always the go-between. Here’s a run-down of the services you can expect as an Unemployment Services client: Monitor and report all new unemployment claims and notifications Submission of claims and responses after requesting information from the employer and submission of any rebuttals  File and submit appeals on any base period unemployment notifications or allowed claims File appeals to the

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Posted By Brandy King
February 02, 2026 Category: I 9, Immigration, E Verify, Construction, Ohio Hb 246

If you weren’t paying close attention, you may have missed the passage of Ohio’s House Bill 246, or the E-Verify Workforce Integrity Act. This will require all Ohio nonresidential contractors, subcontractors, and labor brokers to confirm employees’ work eligibility through the federal E-Verify program. Nonresidential construction is defined in HB 246 as: “…The construction or renovation of any building, highway, bridge, utility, or related infrastructure, but does not include any of the following: (1) An industrialized unit, manufactured home, or a residential building as defined in section 3781.06 of the Revised Code; (2) A building or structure that is incidental to the use of the land on which the building or structure is located for agricultural purposes as defined in section 3781.06 of the Revised Code; (3) A mobile home as defined in section 4501.01 of the Revised Code.” Included employers are expected to be fully compliant with the E-Verify requirement by March 19, 2026. There are currently no exceptions being made for small businesses or sole proprietors, and E-Verify is a free service.  Employers will enroll at www.e-verify.gov and create a new case for each new hire by entering info provided on their I-9 and should receive initial results in seconds. Once a final eligibility result is obtained, employers may close that employee’s case. The Act requires employers to maintain this verification record for three

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