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32 PalletCentral • March-April 2023 palletcentral.com OSHA REBOOTS ENFORCEMENT INITIATIVES The new SST program, CPL 02-01-064, took effect immediately and will be in effect for two years. It offi cially cancels the previous program and its criteria, issued in 2020 under the former administration. By Adele L. Abrams, Esq., ASP, CMSP E ven as the Biden Administration's fi rst labor secretary, Marty Walsh, bid farewell in March (likely to be replaced by his Deputy, Julie Su), OSHA has been in the process of rebooting several enforcement initiatives, including an overhaul of the Severe Violator Enforcement Program (SVEP), new guidelines for "site specifi c targeting" (SST) programmed inspections, changes in "egregious" case enforcement, as well as targeting its own somewhat controversial Voluntary Protection Program (VPP) for revision. In addition, just before Walsh's departure, the U.S. Department of Labor's proposed FY 2024 budget was released to Congress, which included $2.3 billion, an increase of $430 million from current funding levels, for worker protection agencies, including OSHA. To provide some perspective, however, OSHA's current budget is $632 million – and the Environmental Protection Agency receives close to $10 billion in annual funding. OSHA's proposed 17 percent increase would provide for hiring 432 new employees and would dedicate over half of the monies for development of safety and health standards. Compliance assistance, prosecution of whistleblower protection cases, and enforcement take up the majority of remaining funds. e National Institute for Occupational Safety & Health, which conducts workplace OHS research and informs OSHA's regulatory decisions (but which is part of the Department of Health & Human Services), received a 2 percent cut in the proposed Biden budget, without explanation. Safety e budget proposal was declared "Dead on Arrival" by the House Republican leadership, and all spending bills originate in that chamber, so it is likely that a GOP version will off er draconian cuts to OSHA's current spending – and a deadlock with the Senate will ensue. In recent years, the Department of Labor has almost always been funded through continuing resolutions, due to failure of Congress to pass individual department spending bills. As for the enforcement initiatives, in February 2023, OSHA outlined its updated Site-Specifi c Targeting (SST) initiative. e inspection plan covers non-construction worksites with 20 or more employees, and uses "objective data" derived from the electronic injury and illness data submitted by employers under 29 CFR Part 1904.41. e new SST enforcement plan will use reported data from CY 2019 through 2021 to select which establishments OSHA will inspect, resources permitting. ese are "programmed" inspections which are the lowest priority – the other inspections in this category are triggered under OSHA's 10 National Emphasis Programs. Unprogrammed OSHA inspections include response to fatalities and catastrophic events, imminent danger inspections, and responses to hazard and whistleblower complaints. e new SST program, CPL 02-01-064, took eff ect immediately and will be in eff ect for two years. It offi cially cancels the previous program and its criteria, issued in 2020 under the former administration. States that administer their own OSHA programs are directed to have equivalent programs. ey must provide confi rmation of this to federal OSHA within 60 days of February 7, 2023. iStock/Rawf8