On January 26, 2023, The U.S. Department of Labor announced that its Occupational Safety and Health Administration (“OSHA”) has issued new enforcement guidance to make its penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements.

OSHA Regional Administrators and Area Office Directors now have the authority to cite certain types of violations as “instance-by-instance” for cases where the agency identifies “high-gravity” serious violations of OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of non-compliance. These conditions include lockout/tagout, machine guarding, permit-required confined space, respiratory protection, falls, trenching and for cases with other-than-serious violations specific to recordkeeping.

OSHA reiterated the existing policy that allows Regional Administrators and Area Directors discretion to not group violations in appropriate cases to achieve a deterrent effect. In particular, the agency may refrain from grouping violations where there is evidence that worksite conditions giving rise to the violations are separate and distinct, or where different conduct gave rise to the violations.

The new guidance covers enforcement activity in general industry, agriculture, maritime and construction industries, and becomes effective 60 days from January 26, 2023. As a result of recent guidance, increases in inspections and resulting penalties can be expected.  Employers should ensure compliance with OSHA standards, as well as any inspections or citations issued.  Should you have any questions relating to the recent guidance, please contact Ali Law Group.

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