As we dig into the new year, the Occupational Safety and Health Administration (OSHA) is poised to implement several significant updates to its regulations and standards. These changes aim to enhance workplace safety and health, and employers must be proactive to ensure compliance. Here is a comprehensive overview of what to expect and how to prepare.
OSHA Citations Get More Expensive
As they do each year OSHA, as well as the Environmental Protection Agency (EPA), are increasing the maximum amount that can be fined for each violation. This is done to account for inflation. Effective as of January 15th, 2025, the fine structure for each violation is as follows:
| Serious & Other Than Serious Violations | Repeat & Willful Violations | Failure to Abate PER DAY |
|---|---|---|
| $16,550 | $165,514 | $16,550 |
These increased fines and penalties can be applied to employers that are currently involved in an open investigation with OSHA.
Its also seems the EPA is following OSHA’s lead. Effective as of January 8th, 2025, the maximum DAILY civil monetary penalties that can be imposed by the EPA are changing to the following, based on the type of violation:
| Clean Air Act | Clean Water Act | RCRA | CERCLA & EPCRA |
| $124,426 | $68,445 | $93,058 | $71,545 |
Note: This does not consider judiciaries without maximum penalties. Nor does it account for any state, municipal, or other local jurisdictions.
Key Updates to OSHA Regulations
Heat Safety Standard OSHA has proposed a new rule to protect workers from extreme heat in both indoor and outdoor settings. The rule would:
- Require employers to provide water, shaded or air-conditioned rest areas when temperatures reach 80°F (27°C).
- Mandate additional measures at 90°F (32°C), such as 15-minute breaks every two hours and monitoring for heat-related illnesses. This proposed standard responds to growing concerns about heat-related workplace injuries and fatalities.
Heat Illness Prevention Campaign | Occupational Safety and Health Administration
Emergency Response Rulemaking OSHA is updating its standards for emergency response and preparedness, replacing the outdated Fire Brigades standard. The proposed rule expands its scope to include workers providing emergency medical services and technical search and rescue, aligning with modern industry practices and equipment performance standards.
Emergency Response Rulemaking | Occupational Safety and Health Administration
Electronic Injury and Illness Reporting Under OSHA’s final rule, certain employers are required to electronically submit injury and illness data annually, with a submission deadline of March 2 each year. Employers should ensure they are ready to comply with these updated reporting requirements.
Injury Tracking Application (ITA) | Occupational Safety and Health Administration
Potential Shifts in Regulatory Approach Changes in the U.S. presidential administration could influence OSHA’s priorities, potentially affecting the implementation and enforcement of proposed standards. Employers should stay informed about policy changes that could impact compliance obligations. To understand actual regulatory and enforcement policy and priority updates, go to OSHA’s website.
www.OSHA.gov
State-Specific Updates Employers operating in one of the twenty-two states that have their own state plans should be aware of state-level changes. For instance, California’s Assembly Bill 3258 expands process safety management standards for refineries, chemical plants, and certain manufacturing facilities.
Updates to OSHA’s National Emphasis Programs (NEPs)
National Emphasis Programs are temporary initiatives targeting specific hazards or high-hazard industries. Notable NEPs extending into 2025 include:
- Heat-Related Hazards NEP This NEP focuses on preventing heat-related illnesses and fatalities by requiring employers to implement heat safety plans, monitor work areas, ensure hydration, and conduct employee training.
- Warehousing and Distribution Center Operations NEP Launched in July 2023, this NEP addresses safety and health hazards associated with warehousing and distribution center operations. Employers in these sectors should prioritize hazard mitigation.
- Combustible Dust NEP This ongoing NEP aims to reduce the risk of dust explosions and related incidents in industries prone to combustible dust hazards.
- Fall Prevention/Protection NEP Falls remain a leading cause of workplace fatalities. This NEP emphasizes the enforcement of fall protection measures to prevent injuries and deaths.
- Machine Guarding/Amputation NEP This NEP targets any industrial and manufacturing facility that uses equipment and machinery that poses potential risks related to amputation. The NEP’s focus is to reduce or eliminate those hazards. Through this OSHA will continue to, if not increase, conduct unprogrammed inspections under this program, particularly when employee complaints or other referrals allege to the potential exposure of amputation hazards. These hazards are posed primarily through unsafe work practices or insufficient machine safeguarding.
Preparing for OSHA Inspections in 2025
To help employers understand and navigate these updates, below are some resources that may help:
- OSHA Fact Sheet on Inspections (https://www.osha.gov/sites/default/files/publications/factsheet-inspections.pdf)
- Dealing with an OSHA Inspection (https://www.conversiontechnology.com/dealing-with-an-osha-inspection/)
- Are 3rd Party Safety Inspections The Best Course of Action? (https://www.conversiontechnology.com/dealing-with-an-osha-inspection/)
- Custom Machine Guards Vs. Store-Bought Guards (https://www.conversiontechnology.com/category/safety-health/machine-guarding)
Recommendations for Employers
- Stay Informed: Regularly review OSHA’s communications and consult industry experts to stay updated on regulatory changes. Seek out training sessions on updates and changes to the regulations.
- Update Policies: Revise workplace safety policies and procedures to align with new OSHA standards and NEPs.
- Train Employees: Implement training programs to educate employees about new safety standards.
Because of the enforcement changes described above, it is best to stay out of the minds of Code Enforcement and Regulators. By proactively addressing these anticipated changes, employers can enhance workplace safety, ensure compliance, and mitigate potential risks associated with non-compliance. It is good practice to stay on top of the Environmental and Safety Compliance within your facility. If you need assistance with ensuring you are in compliance with all of these and other requirements, please contact CTI at (770) 263-6330.