OSHA Launches National Emphasis Program on Indoor and Outdoor Heat Hazards

OSHA recently announced the launch of a National Emphasis Program to protect workers from heat illness and injuries. As part of the program, OSHA will proactively initiate inspections in over 70 high-risk industries – including building service contractors – in indoor and outdoor work settings when the National Weather Service has issued a heat warning or advisory for a local area.

On days when the heat index is 80 degrees Fahrenheit or higher, OSHA inspectors and compliance assistance specialists will engage in proactive outreach and technical assistance to help stakeholders keep workers safe on the job. Inspectors will look for and address heat hazards during inspections, regardless of whether the industry is targeted in the NEP.

OSHA’s area offices will engage in outreach to unions, employers in target industries and other organizations committed to advancing protections for underserved workers. The agency’s On-Site Consultation Program, a free and confidential health and safety consulting program for small- and medium-sized businesses, will assist employers in developing strategic approaches for addressing heat-related illnesses and injuries in workplaces.

A fact sheet on the new National Emphasis Program can be found here.

OSHA guidance on protecting workers from heat illness and injuries can be found here.

OSHA Proposes Rule to Amend Injury and Illness Recordkeeping Regulation

The Occupational Safety and Health Administration (OSHA) recently announced a proposed rule to amend its occupational injury and illness recordkeeping regulation. The current regulation requires certain employers to electronically submit injury and illness information – that they are required to keep – to OSHA. The agency uses these reports to identify and respond to emerging hazards and makes aspects of the information publicly available.

In addition to reporting their Annual Summary of Work-Related Injuries and Illnesses, the proposed rule would require certain establishments in certain high-hazards industries to electronically submit additional information from their Log of Work-Related Injuries and Illnesses, as well as their Injury and Illness Incident Report.

The proposed rule would:

  • Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
  • Update the classification system used to determine the list of industries covered by the electronic submission requirement.
  • Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
  • Require establishments to include their company name when making electronic submissions to OSHA.

It is important to note that establishments with 20 or more employees in certain high-hazard industries would continue to be required to electronically submit information from their Form 300A annual summary to OSHA annually, including building service contractors.

BSCAI is currently reviewing the proposed rule and its potential impact on building service contractors.

OSHA Initiates Enforcement Program on Form 300A Data

The Occupational Safety and Health Administration (OSHA) recently announced they are initiating an enforcement program that identifies employers who failed to submit Form 300A data through the agency’s Injury Tracking Application (ITA). Annual electronic submissions are required by establishments with 250 or more employees currently required to keep OSHA injury and illness records, and establishments with 20-249 employees classified in specific industries with historically high rates of occupational injuries and illnesses, including building service contractors. As reported previously by BSCAI, Form 300A data was due to OSHA on March 2, 2022.

The new enforcement program matches newly opened inspections against a list of potential non-responders to OSHA’s collection of Form 300A data through the ITA and reports all matches to the appropriate OSHA area office. If the area office determines that the establishment on the list is the same establishment where the inspection was opened, OSHA will issue citations for failure to submit OSHA Form 300A Summary data.

In addition to identifying non-responders at the establishment level, the agency is also reviewing the 2021 submitted data to identify non-responders at a corporate-wide level. This corporate level review is being conducted for the nation’s largest employers. OSHA developed the program in response to recommendations from the Government Accountability Office to improve reporting of summary injury

Learn more about OSHA’s injury and illness recordkeeping and reporting requirements here.