Newsletter 38th Edition

Good morning! Hope you had a great 4th of July and still have all your fingers.

THIS WEEK’S TIPS

This week’s safety upgrades:

• OSHA Proposed Heat Rule

• Respiratory & Chemical Safety

• Workplace Violence Prevention

PROFESSIONAL DEVELOPMENT

This Weeks Professional Development Tip

• From protecting your wellbeing to supporting a colleague, how do you rise above a toxic workplace culture?

SAFETY KNIGHTS COMMUNITY
How Well Can You Do?

HEAT SAFETY
It’s what we’ve all been waiting for.

It’s what we’ve all been waiting for. OSHA’s proposed rule on heat illness prevention is in.

• OSHA's Proposed Rule on Heat Illness Prevention:

  • Draft Release: OSHA released a draft proposal, with publication in the Federal Register expected soon. A comment period will follow.

  • Heat Illness Prevention Plan: Required if finalized, in writing for employers with 10 or more employees.

• Employer Requirements (Initial Heat Trigger):

  • Activated when the heat index reaches 80°F or wet bulb globe temperature (WGBT) meets the NIOSH Recommended Alert Limit.

  • Includes:

    • Monitoring employees for heat stress.

    • Identifying heat hazards.

    • Providing water (1 quart per employee per hour) and rest break areas.

    • Indoor work area controls.

    • Acclimatization measures.

    • Issuing hazard alerts.

    • Maintaining personal protective equipment for heat.

• Additional Requirements (High Heat Trigger):

  • Activated when the heat index reaches 90°F or WGBT meets the NIOSH Recommended Exposure Limit.

  • Includes:

    • Minimum 15-minute paid rest breaks every two hours.

    • Observing employees for heat illness symptoms via:

      • Buddy system among co-workers.

      • Supervisor or heat safety coordinator observations (max 20 employees per supervisor/coordinator).

      • Two-way communication for lone workers.

    • Placing warning signs in indoor work areas where ambient temperatures regularly exceed 120°F.

• OSHA Administrator Statement: Doug Parker emphasized the need for worker protection from heat exposure, aiming for a practical and workable final rule.

• Review and Approval:

  • The White House Office of Information and Regulatory Affairs reviewed the rule from June 11 to July 1.

  • Unanimously approved by OSHA’s Advisory Committee on Construction Safety and Health in May.

  • Examined by a Small Business Advocacy Review panel.

Link to the full rule can be found here.

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OSHA RULINGS
Order in the court.

The U.S. Supreme Court declined to hear a challenge by Allstates Refractory Contractors against OSHA's regulatory power. The Ohio company argued that Congress improperly delegated legislative authority to OSHA, violating the U.S. Constitution's separation of powers. Allstates claimed that the 1970 law granting OSHA authority to set safety standards infringes on Congress's lawmaking powers, invoking the non-delegation doctrine.

Justice Neil Gorsuch was open to hearing the case, while Justice Clarence Thomas dissented, expressing concern over the extent of OSHA's authority. The company's 2021 lawsuit followed citations and fines for safety violations by OSHA in 2019. Allstates argued that OSHA's standards forced unnecessary spending despite its safety record. The 6th U.S. Circuit Court of Appeals upheld OSHA's authority, citing the "intelligible principle" standard.

In 2022, the Supreme Court's conservative majority had previously blocked OSHA's COVID vaccination-or-test mandate for large businesses, emphasizing limits on OSHA's regulatory reach without explicit congressional authorization.

SCOTUS overturns Chevron

Meanwhile, the U.S. Supreme Court recently struck down a 40-year-old precedent affecting OSHA and other federal agencies' regulation of safety and health. On June 28, the court overturned the Chevron deference in the case Loper Bright Enterprises, et al, v. Raimondo. This precedent, from the 1984 case Chevron v. Natural Resources Defense Council, allowed courts to defer to agencies' interpretations of their statutes if deemed reasonable and if Congress hadn't clearly addressed the issue.

Chief Justice John Roberts, along with five other conservative justices, emphasized that courts, not agencies, should resolve statutory ambiguities, asserting that Chevron erred in giving undue power to administrative interpretations. Roberts also argued that Chevron violated the Administrative Procedure Act (APA) of 1946, which mandates that courts decide all relevant legal questions in agency action reviews.

Critics, like Rep. Bobby Scott (D-VA), argue that without Chevron deference, Congress or courts will now regulate complex issues without agencies' expertise, potentially leading to inconsistent and politicized regulations. Proponents, like Suzanne P. Clark from the U.S. Chamber of Commerce, view the decision as a move towards a more predictable regulatory environment, reducing the risk of shifting rules with new administrations.

Justice Elena Kagan, in her dissent, noted that Congress often leaves ambiguities in laws intentionally for agencies to address, leveraging their specialized expertise. She expressed concern that courts lacking technical knowledge would struggle with such regulatory context.

Former OSHA Deputy Assistant Secretary Jordan Barab suggested that the decision will make it more difficult for OSHA to issue standards, potentially increasing litigation and giving courts more power to overturn OSHA regulations. The decision may require Congress to pass more specific laws to guide OSHA, reducing the flexibility previously allowed under Chevron deference. This shift could lead to more legal challenges and delays in implementing safety standards, posing greater risks to worker safety and health.

Related: House proposes budget cuts for OSHA and other safety agencies in FY 2025

RESPIRATORY SAFETY
Hazard to Your Lungs.

In 1995, the International Agency for Research on Cancer (IARC) classified wood dust as a carcinogenic substance to humans. This classification was further supported when California’s Office of Environmental Health Hazard Assessment added wood dust to its list of known carcinogens in 2009. Similarly, the New York State Department of Labor has warned that exposure to wood dust can lead to cancer, allergies, asthma, and other related health issues.

Wood dust poses a significant health risk when particles generated from processes such as sanding and cutting become airborne, according to OSHA. These airborne particles can cause a variety of respiratory problems, including both allergic and non-allergic symptoms. Western red cedar dust, in particular, has been linked to causing asthma. The health risks are not limited to the dust itself; biological organisms, such as mold, can grow on wood, and chemicals used in wood processing add to the potential health hazards.

OSHA has established specific Permissible Exposure Limits (PEL) for wood dust: 15 mg/m³ for total dust and 5 mg/m³ for respirable dust. The National Institute for Occupational Safety and Health (NIOSH) recommends an even stricter exposure limit of 1 mg/m³ for total dust. Beyond health risks, wood dust can also be a fire and combustible dust hazard under certain conditions.

Link to OSHA’s page on wood dust can be found here.

Related: Metal refinishing company cited for respiratory hazard exposure

WORKPLACE VIOLENCE
Are you prepared for violence?

The rise in gun violence and other workplace violence incidents highlights the need for employers to protect their companies and employees. Workplace violence, as defined by OSHA, includes physical violence, harassment, intimidation, or other threatening behaviors at work. This includes physical attacks, verbal attacks, sexual assaults, threats, arson, and even animal attacks in some states.

Behaviors Constituting Workplace Violence:

• Physical attacks (e.g., kicking, punching, slapping, choking, spitting)

• Attacks with weapons or objects (e.g., guns, knives, bricks)

• Verbal attacks (e.g., discriminatory or sexually harassing statements, insults)

• Sexual assaults or threats

• Arson

• Animal attacks (in certain states)

Current Laws Addressing Workplace Violence:

• Regulation of weapons on company property

• Requirements for workplace violence prevention plans, protocols, training, and safety committees

• Temporary restraining orders and protection orders for workplace safety

• Leave for victims to seek medical, legal, and other assistance

• Special requirements for certain industries (e.g., healthcare, retail, taxi services)

New Laws on the Horizon:

• New York: Mandates retail employers to install panic buttons, establish a workplace violence prevention policy, and provide training.

• California: Requires employers to implement a Workplace Violence Prevention Plan, train employees, and maintain a violent incident log by July 1, 2024.

• Texas: Requires healthcare facilities to adopt violence prevention plans by September 1, 2024.

Perpetrators and Victims of Workplace Violence:

• Workplace violence can involve various actors, such as trespassers, customers, subcontractors, clients, patients, students, inmates, visitors, present or former employees, and individuals with personal relationships with employees.

• Recent incidents in Chicago in May 2024 include stabbings and threats involving employees and subcontractors.

Warning Signs of Potential Workplace Violence:

• Insubordination, challenging behavior, and disregard for safety

• Menacing physical posturing and aggressive body language

• Emotional outbursts, sulking, displays of anger, and impulsive behavior

• Social isolation, misinterpretations, and holding grudges

• Poor handling of criticism, blaming others, and insisting on being right

• Frequent complaints, allegations of unfair treatment, and physical signs of stress (e.g., shaking, sweating, pacing)

Takeaways:

Employers should:

1. Educate themselves, managers, and employees on recognizing workplace violence threats and reporting channels.

2. Have emergency response plans in place.

3. Identify hazards and vulnerabilities and implement security measures to eliminate or reduce these risks.

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NEWS
Your Virtual Water Cooler

• OSHA Identifies 44 Safety Violations at Houston Metal Refinisher

• National Safety Council Provides Supervisors in Pennsylvania Free Training on Workplace Impairment

• Tower workers: What do you know about life safety ropes?

• OSHA announces additional workplace safety initiatives

• Fatal chemical release prompts safety board’s call for ‘preventive safeguards’

• 'Flamin' Hot' Doritos and Cheetos seasoning sparks workplace safety complaint in Australia

• Feds call out Northern Arizona VA for 2nd time for unsafe work conditions

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