Top Five OSHA Developments to Watch For In 2012
Notwithstanding the fact that 2012 is an election year, and much of OSHA’s rulemaking activities will be shelved until the day after the election, 2012 is likely to be another remarkable year in the OSHA universe, from significant enforcement initiatives to the completion of some major rules.
A list of the five most important developments that are expected to be seen in 2012 comes from Epstein Becker Green, P.C.:
- Nationwide Chemical Facilities Process Safety Management National Emphasis Program (Chem NEP)
- Follow-up Inspections & Repeat Violations
- Resurrection of Ergonomics Enforcement
- Change in Reporting Requirements
- Globally Harmonized System of Classification and Labeling of Chemicals (GHS)
According to statistics recently reported by OSHA, the number of workplace inspections conducted by federal OSHA in FY 2011 fell to a total of 40,215, down 778 from 2010. The agency attributes this slight decline in the number of inspections to the fact that many inspections, particularly those focused on health hazards and recordkeeping compliance, require more time per inspection.
Despite the fewer number of inspections, the size of enforcement actions continues to rise. The average OSHA penalty per Serious violation in 2011 increased to $2,132, more than doubling from 2010’s average of $1,053. In the last year of the Bush administration, 2008, that average was $998. As a result of these increases in penalties per violation, OSHA also increased by more than 30% the number of “Significant Cases,” which are enforcement actions with fines of $100,000 or more. Specifically, OSHA issued 215 Significant Cases in 2011, up from 164 in 2010.
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