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September-October 2025

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42 Pallet C e nt ral • S e ptem be r- O ctobe r 2 0 25 T he ultimate fate of the Occupational Safety and Health Administration (OSHA) remains in limbo, as the House Education and Workforce Committee has held two OSHA oversight hearings to date. Legislation to abolish the agency (HR 86, the "NOSHA Act") rests before that committee, but no action has been taken. David Keeling, President Trump's nominee to head the agency, has not yet been confirmed by the Senate as of this writing, although he did clear the committee before the August recess. Despite this uncertainty, OSHA is forging ahead with new policies, a revamped Amputation National Emphasis Program, and a new "deregulatory agenda" with about 40 items, including modifications to the statutory "General Duty Clause" (GDC, Section 5(a)(1) of the OSH Act). OSHA also announced changes to expand eligibility for its Voluntary Protection Program (VPP), which provides employers who participate with a waiver from programmed OSHA inspections. OSHA is increasing the VPP as part of an overall US Department of Labor "self- audit" initiative to recognize employers who conduct internal reviews of their compliance obligations. Companies performing self-evaluations may avoid routine inspections, and OSHA is also promoting its Onsite Consultation Program, which offers no-cost and confidential health and safety services to small and medium-sized businesses. Many of the regulatory agenda items to be altered by OSHA, on the agenda released in July 2025, will not impact the pallet industry as they involve changes to respiratory PPE requirements for certain chemicals like benzene, cadmium, and asbestos. Still, lead is also on the list, so those performing welding activities should take a look. OSHA is withdrawing the long-standing proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related musculoskeletal disorders (aka ergonomic injuries and illnesses). Withdrawal of the proposal does not change any employer's obligation to complete and retain occupational injury and illness records under OSHA's other recordkeeping regulations. is change took effect July 1, 2025. e proposed changes for the GDC are now open for public comment. OSHA proposes to clarify its interpretation of 29 U.S.C. 654(a)(1) to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance. Comments must be received on or before September 2, 2025. You may submit comments and attachments, identified by Docket No. OSHA–2025– 0041, electronically at regulations.gov, which is the Federal e-Rulemaking Portal. While this change is a direct response that reverses a case decision after a Sea World employee was killed by an orca, it is more expansive that it seems. It covers everything from pro-sports to OSHA BY ADELE L. ABRAMS, ESQ., ASP, CMSP OSHA'S NEW AGENDA AND POLICIES INCLUDE SURPRISES

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