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January-February 2022

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32 PalletCentral • January-February 2022 palletcentral.com Management & Budget in late 2021 and OSHA told a federal court that it should be published no later than February 14, 2022. As background, the Trump administration issued a rule which reduced the information required in the Obama version of the rule, by eliminating the requirement for larger employers (with 250 or more employees at a worksite) to submit not only the OSHA Form 300A (summary of injuries/illnesses) by March 2nd of each year, but also the more detailed OSHA Forms 300 and 301. All of these logs are now publicly searchable on OSHA's website for CY 2016-2020, and can be used by potential employees, community groups considering zoning or other issues, as well as for vetting of contractors in terms of safety performance. Under the Biden proposal, all logs would again be required electronically. Smaller employers in high-hazard sectors (including manufacturing and warehousing) would still have Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or 301-595-3520. to submit the Form 300A. is rule change will also impact OSHA's enforcement posture concerning post-accident drug testing and use of safety incentive programs to penalize employees who have a work-related injury or illness. Finally, OSHA plans to codify a Heat Illness Prevention standard, and the comment deadline on its Advance Notice of Proposed Rulemaking closed on January 26, 2022. OSHA has lost several key cases where it attempted to use its General Duty Clause to penalize employers who failed to protect workers from the adverse effects of heat in the workplace (indoors and outdoors), and so this initiative would allow enforcement through a specific rule, which likely will include written programs, training, and exposure assessment. Stay tuned for more OSHA changes to come! iStockphoto.com/Smederevac

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