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January-February 2022

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PalletCentral • January-February 2022 29 six-foot distancing or wear masks (preferably N95 or KN95 masks, which are now preferred to cloth face coverings), and to continue to follow the OSHA/CDC guidance for different work sectors. ere are specific new OSHA guidelines for mixed-vaccination status manufacturing facilities, and these should be reviewed by pallet companies and implemented to avoid OSHA citation exposure. OSHA's COVID-19 resource website should be monitored for changing guidance, especially if any new variants emerge: https://www.osha.gov/ coronavirus/safework#appendix. Most COVID-related inspections will be triggered either by an employer's inclusion in OSHA's ongoing National Emphasis Program on COVID (launched March 2021 for a year, but can be extended), inclusion in OSHA's site-specific targeting inspection program (based on employers' electronically- submitted data, where an elevated injury/illness "DART" rate places a worksite on OSHA's local inspection list), or as a result of employee hazard or retaliation complaints to the agency. On January 15, 2022, civil penalties for federal OSHA and MSHA (Mine Safety & Health Administration, covering contractors at underground mines and surface operations such as cement plants and stone quarries) were increased by over six percent, an indexing that was set over a decade ago when overall penalties took a quantum leap from their low statutory limits. For all citations assessed on or after that date (even where the alleged violation occurred months earlier), the following civil penalties can be imposed (old penalties in parentheses). It is worth noting that pending legislation would significantly increase OSHA willful violations, to a minimum of $50,000 and a maximum of $700,000! n 2022 OSHA Penalties: Serious/OTS Citations: Increase to $14,502 ($13,653) Repeat/Willful Citations: Increase to $145,027 ($136,532) Failure to Abate: Increase to $14,502 per day ($13,653) n 2022 MSHA Penalties: Regular Assessment Maximum: $79,428 ($74,775) Section 104D1 Citations/Orders: Minimum of $2,648 ($2,493) Section 104D2 Orders: Minimum of $5,293 ($4,983) Late Reporting of Fatality/Accident: Minimum of $6,620 ($6,232) Failure to Abate: Minimum of $8,605 per day ($8,101) Flagrant penalty: Maximum $291,234 ($274,175) iStockphoto.com/ultramansk

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