2 . Rules Regarding Heat-Related Illnesses
OSHA continues to take steps to move its proposed heat rule to final status . In 2021 , OSHA released a proposed rule on workplace standards to protect workers from heat-related illnesses . This accompanies the agency ’ s intensified enforcement efforts for workers exposed to heat hazards . The agency announced on June 20 , 2023 , that it has initiated the Small Business Regulatory Enforcement Fairness Act (“ SBREFA ”) process . This next step in the rulemaking process will include the convening of a Small Business Advocacy Review panel to gain input from small entity representatives on the potential impacts of a health specific standard . More information on the Heat Injury and Illness SBREFA can be found here .
3 . Voluntary Protection Programs Modernization
OSHA ’ s Voluntary Protection Programs (“ VPP ”) have been in place since 1982 and are intended to recognize workplaces with exceptional safety and health management . However , the VPP ’ s requirements have not been updated since 1989 . OSHA published its Recommended Practices for Safety and Health Programs in
2016 and held a stakeholder meeting on June 15 , 2023 , to discuss how to modernize , improve , and expand the VPP . OSHA describes the VPP as “ groundbreaking , being among the first programs to employ a management system structure emphasizing management leadership , worker participation , robust hazard identification and control , and training .” The agency continues to evaluate changes to the VPP with no date certain for changes at this time .
4 . Memorandum of Understanding Between OSHA and the National Labor Relations Board
On October 31 , 2023 , National Labor Relations Board (“ NLRB ”) General Counsel Jennifer A . Abruzzo and Assistant Secretary of Labor for OSHA executed a Memorandum of Understanding (“ MOU ”). The MOU establishes a process for information sharing , referrals , training , and outreach between the agencies . The MOU notes , in part , that the new process outlined in the MOU is intended to facilitate enforcement of whistleblower and antiretaliation provisions in both the National Labor Relations Act (“ NLRA ”) and the Occupational Safety and Health Act of 1970 . The MOU is part of the NLRB ’ s General Counsel ’ s interagency coordination initiative “ to take a whole of government approach to enforcement .”
NOVEMBER 2023 • DITCHMEN 5