OSHA Enforcement Under Biden

Increased enforcement by the OSHA under Biden administration

In an Article by Allen Smith for SHRM, December 2, 2020:

Employers can expect increased enforcement by the Occupational Safety and Health Administration (OSHA) under the Biden administration and possibly emergency temporary standards to combat COVID-19. The hiring of more OSHA inspectors also is likely.

In an OSHA National News Release dated December 4, 2020. OSHA announced has issued citations from 225 inspections for violations of OSHA standards resulting in proposed penalties totaling $3,403,139. That is an increase of 81 inspections in the last 30 days with a total increase of citation fines of $1,377,708 in the past 30 days. It appears that OSHA may not be waiting for the Biden Administration on the COVID-19 citations and inspections.

OSHA inspections have resulted in the agency citing employers for violations, including failures to:

Implement a written respiratory protection program;
Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; * Report an injury, illness, or fatality;
Record an injury or illness on OSHA recordkeeping forms; and
Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970

Information from the SHRM article: OSHA May Issue COVID-19 Standards Under Biden Administration 12-04-2020 Article: https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-l...

OSHA National News Updates

10-30-2020 Articlehttps://www.osha.gov/news/newsreleases/national/10302020 

 12-04-2020 Article: https://www.osha.gov/news/newsreleases/national/12042020

While the northeastern states lead the list with violations and inspections 70 in New York alone, OSHA has inspected and cited 10 Texas Employers. Here is a complete list of the inspections with COVID-19 related Citations: List: https://www.osha.gov/enforcement/covid-19-data/inspections-covid-related...

Should you have questions or concerns regarding your procedures, please do not hesitate to contact us.

Jim Greaves ASSP, FSR, PSS
Associate Partner & Director of Risk Management​
Catto & Catto


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