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32 PalletCentral • January-February 2023 palletcentral.com W ith just two years to go in the Biden Administration, the federal Occupational Safety & Health Administration (OSHA) announced an ambitious regulatory agenda on January 4, 2023 (titled as the "Fall 2022 Regulatory Agenda"). Twice a year, the Office of Management and Budget publishes a unified agenda of all agencies' plans for new and revised rules for the next twelve months, and so the published agenda lists not only the regulatory items that the agency is working on, but also an anticipated date for the next action towards final rule promulgation. History demonstrates that these dates are often aspirational, but with the time needed to complete a rule and the clock ticking (potentially) on a Democratic-controlled executive branch, the agency may regulate now and face the inevitable lawsuits later. Usually, the U.S. Courts of Appeal (where rules are litigated) allow challenged rules to take effect while under dispute rather than potentially place the health and safety of workers at risk, but that is not universal and management-side groups are increasingly bringing suit in more conservative circuits such as the Fifth and Eleventh Circuits, which are more open to reversing U.S. Department of Labor rules. e January 2023 OSHA regulatory agenda lists 27 pending standards. ese are classified as at pre-rule, proposed rule, and final rule stages. e following is a summary of the listed items that may impact NWPCA's membership. ere are additional items, such as COVID-19 standards limited to the health care sector, that are among the items but would be unlikely to impact any member companies. SHOWDOWN ON The January 2023 OSHA regulatory agenda lists 27 pending standards – all of which pallet industry players need to pay attention to. By Adele L. Abrams, Esq., ASP, CMSP Pre-rule stage: • Mechanical Power Presses. OSHA is analyzing comments from a Request for Information in 2021. is largely impacts equipment manufacturers. • Workplace Violence in Healthcare and Social Services. OSHA plans to initiate the SBREFA process in 2023, and public comment will be sought from selected members of this small business review panel, and general public comment later in the process. ere is the potential that the scope of this rule could be expanded, in light of the many mass shootings at retail, service, education and other workplaces, and some unions have called for expansion of state OSHA workplace violence rules. • Blood Lead Level for Medical Removal. OSHA is reviewing comments from an Advanced Notice of Proposed Rulemaking in 2022. is impacts those doing welding work, as well as those engaged in demolition and waste removal activities, and shooting ranges. • Heat Illness. OSHA anticipates initiating the SBREFA process in early 2023. is will impact workplaces in terms of regulating exposure to both indoor and outdoor heat sources. ere are already mandated heat exposure reduction standards in a number of states that run their own OSHA programs (e.g., California, Washington, Oregon, Minnesota) and Maryland is in the process of developing a unique standard. Proposed Rule Stage: • Shipyard Fall Protection. A Notice of Proposed Rulemaking (NPRM) is scheduled to be published in July 2023. is would be applicable to any pallet or logistics companies engaged in work at shipyards involving cargo, for example. OHS UPDATE 2023 Safety

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