Legal Update
Brought to you by : National Utility Contractors Association
OSHA Issues New Penalty Enforcement Guidance
On Jan . 26 , 2023 , OSHA announced it issued new enforcement guidance making its penalties more effective to stop employers from repeatedly exposing workers to life-threatening hazards or failing to comply with workplace safety and health requirements . The new enforcement guidance covers general industry , agriculture , maritime and construction industries . It becomes effective on March 27 , 2023 .
Guidance Overview
A current policy has been in place since 1990 but only applies to egregious willful citations . Now , however , OSHA regional administrators and area office directors will have the authority to cite certain types of violations as “ instanceby-instance citations ” for cases identified as “ high-gravity ” serious violations . These violations must have OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of noncompliance . Examples of these conditions include :
Lockout / tagout ; Machine guarding ; Permit-required confined space ; Respiratory protection ; Falls ; Trenching ; and Cases with other-than-serious violations specific to recordkeeping .
In addition , OSHA is reminding its regional administrators and area directors of their authority not to group violations but , instead , to cite them separately .
OSHA states these changes in enforcement guidance are important tools to help deter employers from disregarding their responsibilities to protect workers and ensure compliance with OSHA standards . Employers should review their programs and ensure they are in compliance with OSHA standards .
Important Dates
Jan . 26 , 2023
OSHA announces new enforcement guidance making its penalties more effect to stop noncompliance and employee exposure to life-threatening hazards .
March 27 , 2023
New enforcement guidance becomes effective for OSHA regional administrators and area office directors to use .
New enforcement guidance was issued to make penalties more effective to stop employers from repeatedly exposing workers to lifethreatening hazards .
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice . Readers should contact legal counsel for legal advice . © 2023 Zywave , Inc . All rights reserved .
2 DITCHMEN • JANUARY 2023