Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
During a recent live Q&A session, several officials from the Occupational Safety and Health Administration (OSHA) indicated that the agency plans to increase its enforcement efforts, including using the general duty clause to address ergonomic issues in the workplace. Participants in the chat included David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, and Deputy Assistant Secretary Jordan Barab. Other OSHA officials were on hand to discuss OSHA’s Strategic Planning Overview, which covers the agency’s mission, strategic goals and objectives, and general strategies for FY 2010 through FY 2016.
In terms of enforcement efforts, OSHA Deputy Assistant Secretary Rich Fairfax explained that for FY 2010, the agency is in the process of staffing and training 110 new compliance workers, which will translate into more than 40,000 inspections in the coming year. In addition, OSHA’s strategic plan “has a strong emphasis in industrial hygiene. So our health inspectors will be focusing more on industrial hygiene issues, such as noise and hearing loss.”
Director of Cooperative and State Programs Steve Witt explained that due to limited resources, the agency will shift its focus from voluntary protection programs (VPP) to enforcement efforts. With respect to employer fines, Deputy Assistant Secretary Fairfax stated that OSHA intends to change its penalty calculation method, which will result in higher penalties.
In terms of ergonomic issues, Barab mentioned that the agency plans to add a musculoskeletal disorder column to the OSHA log next year, and we will be increasing its enforcement activities addressing ergonomic issues using the general duty clause. According to Michaels:
until recently, enforcement around ergonomic hazards languished. We recognize that thousands of workers annually suffer from musculoskeletal conditions associated with ergonomic hazards and OSHA must do more. OSHA's field staff will be looking for ergonomic hazards in their inspections and we will be providing them with the support and back-up they need to enforce under the general duty clause. In addition, we will be examining employer logs to see if MSDs are accurately reported.
OSHA officials also mentioned during the chat that the agency is working on ways to streamline the rulemaking process.
Photo credit: MBPHOTO, INC.