On July 1, the Occupational Safety and Health Administration (OSHA) initiated a series of deregulation efforts, issuing one definitive rule and multiple proposals affecting workplace safety regulations.
The final rule removes the requirement for the Assistant Secretary of Labor for Occupational Safety and Health to consult with the Advisory Committee on Construction Safety and Health (ACCSH) when creating or modifying construction industry standards. This change affects 29 Code of Federal Regulations (CFR) §1911.10 and also revokes §1912.3, which outlines general regulations governing the advisory committee, reducing its membership from 15 to nine as mandated by statute. The Department of Labor (DOL) stated that these previous requirements were unnecessarily burdensome and could hinder the Secretary of Labor’s ability to fulfill President Donald Trump’s Executive Order (EO) 14192, aimed at streamlining regulations.
In addition to the final rule, OSHA proposed eliminating its COVID-19 in Healthcare Emergency Temporary Standard along with associated recordkeeping and reporting requirements as part of the agency’s response to EO 14192. Stakeholders have until September 2 to submit comments on this proposal.
OSHA also intends to withdraw a proposed rule that would have added a column for recording work-related musculoskeletal disorders (MSDs) on the OSHA 300 log. The agency argues this withdrawal, effective immediately, aligns with the need for simplified regulations.
Another key proposed change entails clarifying the General Duty Clause, aiming to exclude certain known hazards that are intrinsic to specific professional activities from enforcement actions. This adjustment would target various professions, including animal handling, live entertainment, high-risk recreation, and extreme sports, by narrowing the interpretation of what constitutes a hazard under the General Duty Clause.
OSHA proposes to remove its Open Fires in Marine Terminals standard, which originated in 1983. The agency states that the standard is outdated due to advances in technology and cargo handling practices. Furthermore, with no citations issued under this standard since 2012, OSHA notes that marine workers now generally use heated jackets for cold conditions, making the standard unnecessary.
Similarly, the proposal suggests repealing the House Falls in Marine Terminals standard and the Safety Color Code for Marking Physical Hazards Standard, citing the obsolescence of these regulations due to changes in safety practices and technology.
Lastly, the DOL proposed removing regulations related to the coordination of enforcement activities among OSHA, the Employment and Training Administration (ETA), and the Wage and Hour Division (WHD) regarding migrant farmworkers to enhance efficiency in law enforcement.
Overall, OSHA’s series of proposed changes reflects an effort to streamline regulations and address the evolving needs of workplace safety while fostering greater efficiency in regulatory compliance. By focusing on removing outdated and burdensome requirements, these changes could facilitate better safety practices and support businesses in adapting to modern work environments.