2024 Look Ahead: Occupational Health and Safety

Posted: January 23rd, 2024

Authors: Victoria S.

As we look back on 2023, the Occupational Safety and Health Administration (OSHA) was busy – expanding National Emphasis Programs (NEPs), hiring more inspectors, conducting more inspections, and expanding rules – all with the aim to ensure safe and healthful working conditions for workers. Looking ahead to what 2024 brings, OSHA will analyze significantly more electronically submitted injury and illness data, continue to focus on active NEPs, and bring awareness to workplace stress and mental health.

Updated Recordkeeping Requirement Took Effect January 1, 2024

Back in July 2023, the U.S. Department of Labor announced that a final rule expanding electronic submission requirements for injury and illness data of certain employers in designated high-hazard industries was imminent. The final rule took effect on January 1, 2024, and now includes the following submission requirements:

Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300-Log of Work-Related Injuries, and Form 301-Injury and Illness Incident Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work-Related Injuries and Illnesses.
To improve data quality, establishments are required to include their legal company name when making electronic submissions to OSHA from their injury and illness records.

OSHA believes that providing public access to the data will ultimately reduce occupational injuries and illnesses. “Congress intended for the Occupational Safety and Health Act to include reporting procedures that would provide the agency and the public with an understanding of the safety and health problems workers face, and this rule is a big step in finally realizing that objective,” explained Assistant Secretary for Occupational Safety and Health, Doug Parker. “OSHA will use these data to intervene through strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries. The safety and health community will benefit from the insights this information will provide at the industry level, while workers and employers will be able to make more informed decisions about their workplace’s safety and health.”

The final rule retains the current requirements for electronic submission of Form 300A information for establishments with 20-249 employees in certain high-hazard industries and for establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.

OSHA’s 2024 Focus

In 2024 you will see OSHA continue to focus on previously identified key National Emphasis Programs (NEPs) such as combustible dust and warehousing operations. You will also see OSHA bring more attention to workplace stressors and mental health awareness.

National Emphasis Programs

NEPs are temporary programs that focus federal OSHA resources on particular hazards and high-hazard industries. Existing and potentially new NEPs are evaluated using OSHA inspection data, injury and illness data, National Institute for Occupational Safety and Health (NIOSH) reports, and peer-reviewed literature. OSHA will continue to focus on the following NEPs in 2024:

Combustible Dust (Revised 1/30/2023)
- We will continue to see OSHA inspections of facilities that generate or handle combustible dusts likely to cause fire, flash fire, deflagration, and explosion hazards.
- In 2018, wood and food products made up an average of 70 percent of the materials involved in combustible dust fires and explosions. Incident reports indicate that the majority of the industries involved in combustible dust hazards are wood processing, agricultural and food production, and lumber production, but others are susceptible as well. These industries as well as industries that have had fatalities or catastrophes resulting from combustible dust, will be where OSHA focuses their inspections over the next year.
- Facilities that fall into these industries should perform a Dust Hazard Analysis (DHA), install dust control measures such as ducts, dust collectors and housekeeping programs, install protection measures such as explosion venting, and training employees on explosion hazards and the emergency action plan.
- OSHA revised and re-issued this NEP in 2023, which replaces a March 2008 directive and will remain in effect until a cancellation notice is issued.
Fall Prevention/Protection (5/1/2023)
- The release of this NEP was based on Bureau of Labor Statistics (BLS) data and OSHA enforcement history. This was not a surprise to employers, specifically those in the construction industry, as fall prevention and protection remain at the top of OSHA’s most frequently cited standards. Look for the 2023 Top Ten list after the first week in April.
- Potentially all employers are subject to the NEP. Essentially, the NEP applies to all industries and authorizes compliance officers to initiate inspections whenever an observation of working at heights occurs. The NEP does not designate a specific height at which one must be working to initiate an inspection. OSHA will continue to focus on working at heights throughout 2024.
- A National Safety Stand-Down to Prevent Fall in Construction is planned for May 6^th – 10^th, 2024.
Warehousing and Distribution Center Operations (7/13/2023)
- This NEP is in response to massive employment growth and high injury/illness and Days Away Restricted or Transferred (DART) rates that OSHA observed over the past years in this general industry sector.
- OSHA will target certain “high injury retail establishments,” including employers with the following North American Industry Classification System (NAICS) codes: Home centers – 444110; Hardware stores – 444130; Other building material dealers – 444190; Supermarkets and other grocery (except convenience) stores – 445110; and Warehouse clubs and supercenters – 452311.
- Under this NEP, OSHA will conduct comprehensive safety inspections focused on hazards related to powered industrial vehicles, material handling and storage, walking working surfaces, means of egress, and protection, with a focus on storage and loading areas. However, OSHA may expand an inspection’s scope when evidence shows that violations may exist in other areas of the establishment.
- Facilities can be prepared by drafting and reviewing written programs for these operations, providing routine training to their employees, and conducting routine workplace compliance evaluations and inspections.
- Expires 3 years after the effective date (unless revised) on July 13, 2026.
Outdoor and Indoor Heat-Related Hazards (4/8/2022)
- The NEP creates, for the first time, a nationwide enforcement mechanism for OSHA to proactively inspect workplaces for heat-related hazards in general industry, maritime, construction, or agriculture operations alleging hazardous exposures to heat (outdoors and/or indoors). This means that OSHA can now launch heat-related inspections on high-risk worksites before workers suffer preventable injuries, illnesses, or fatalities.
- OSHA will be focusing on high-risk worksites such as agriculture, construction, landscaping, mail/package delivery, oil and gas well operations, both indoor and outdoor, on heat priority days when the heat index is expected to be 80°F or higher.
- Expires 3 years after the effective date (unless revised) on April 8, 2025.

So what will be the impact of these NEP for employers in the designated industries? They will no doubt lead to increased inspections and the possibility of citations and penalties. Employers in these industries should conduct reviews and evaluations of their safety and health programs and educate their safety personnel and employees on what to do if OSHA arrives for an inspection. ALL4 can help better prepare you for OSHA inspections by evaluating existing programs, writing new programs, providing training and materials, performing compliance gap assessments, and providing technical assistance in response to OSHA inspections.

Mental Health At Work

The Department of Labor is bringing more awareness and focus to its Mental Health at Work Initiative in 2024 after results from a 2021 survey by the American Psychological Association reported that 85% of employees reported that actions from their employer would help their mental health. The agency’s goal with programs like this is to bring more awareness to help employers gain confidence in speaking to employees about workplace stress, mental health, and substance abuse. During National Mental Health Awareness Month in May, OSHA will challenge employers to consider the role that workplace stress may have on their businesses. While this initiative is just guidance and tips for employers, OSHA will continue to publish information, training resources, and outreach materials on its Workplace Stress webpage.

What Else Is Next?

ALL4 is assisting clients with their health and safety programs, industrial hygiene assessments, and OSHA compliance. ALL4 will be actively reviewing OSHA news releases and final rules when published. We will be hosting webinars and publishing articles as new information develops. We also have extensive experience with OSHA compliance and are available to support OSHA compliance and management programs. Look for upcoming and past articles detailing each of the items discussed above. For more information about how ALL4 can help support your health and safety programs, contact Victoria Sparks at vsparks@all4inc.com or (859) 447-9156.