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January-February 2023

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34 PalletCentral • January-February 2023 palletcentral.com impact on importers and distributors and will likely require retraining of all workers to understand the changes in labeling and chemical classification. • Tracking of Workplace Injuries and Illnesses (to require electronic submission of OSHA 300A forms by certain employers of 20 to 99 workers, and expanded submissions by employers of 100 or more to include the OSHA Accident Forms 300 and 301). According to the agenda, OSHA anticipates a final rule in March 2023, but the agency subsequently announced that it would be delayed until June 2023. e rule is already under review at OMB. A lawsuit by unions to force OSHA, to restore the 2016 requirements that were eliminated under the Trump administration, had been on hold but with the recently announced delay, the litigants have threatened to activate the case. • Procedures for use of Administrative Subpoenas. is is a new item on the Regulatory Agenda, and OSHA anticipates bypassing the NPRM stage by issuing an "interim final rule" in June 2023. e stated goal is to clarify provisions in the current procedures for issuing such subpoenas during OSHA investigations. MSHA: MSHA's Regulatory Agenda lists three items, which would also apply to any contractors at a mine site and to delivery personnel (e.g., dropping off or picking up empty pallets or delivering supplies at a mine). MSHA's regulatory jurisdiction covers not only "traditional mines" such as coal, metal and underground non-metal operations, but also surface stone quarries, sand and gravel pits, cement plants and even alumina facilities. MSHA worksite are inspected twice a year (surface) and four times a year (underground) and contractors and even visiting commercial drivers are required to have specified levels of training. MSHA's maximum penalty was recently raised to $313,000 per violation, with personal penalties (civil) against agents of management now reaching $85,000. • Crystalline silica. MSHA anticipates issuing an NPRM in April 2023, likely to be similar to ISK iStock/alexkava

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