OSHA Changes Focus of the COVID-19 National Emphasis Program (NEP)

The Occupational Safety and Health Administration (OSHA) recently made substantial changes to its National Emphasis Program (NEP) for COVID-19, including removing some industries from the list of targets for intensified inspection activities. 

OSHA also made a new name for the program, which will no longer be called the NEP but will be designated as the Interim Enforcement Response Plan (IERP). The original NEP and the new IERP will only apply in the states subject to federal OSHA enforcement and do not apply to the states with their own occupational safety and health agencies. 

Last March, the agency announced the creation of the NEP for COVID-19 enforcement action focusing on employers in higher hazard industries. The NEP mandates that 5% of each OSHA region’s total inspections must be related to COVID-19, resulting in a total of about 1,600 inspections. NEPs are temporary programs that focus OSHA's resources on particular hazards and high-hazard industries. Other NEPs adopted since 2008 have dealt with combustible dust, hazardous machinery, hexavalent chromium, lead, primary metal industries, process safety management, shipbreaking, crystalline silica, and trenching and excavation.

The creation of the NEP for COVID-19 initially targeted the healthcare industry, including hospitals, healthcare providers, assisted living facilities, and home healthcare services. In May of 2020, the NEP focused on targeting restaurants, including both full-service and limited-service establishments. 

Among the changes included in the IERP issued on July 7, the revised directive shrinks the number of targeted industries whose workers are identified as being most at risk for COVID-19 exposure. Those covered by the program still include healthcare, and some non-healthcare industry segments are considered a higher risk, such as meat and poultry processing and warehousing.

New Skills Are Needed to Tackle The Risks of The Future

The COVID-19 pandemic has heightened the significance of how critical health, safety, and well-being are to operate businesses successfully. In the manufacturing industry, workers are required to be on-site, so businesses need to equip their employees with appropriate competencies. 

Many recent news reports of COVID-19 outbreaks in plants demonstrate the impact when safety and precaution measures are unsuccessful. Protecting workers’ physical and mental health could improve business productivity and employee retention. 

At the same time, manufacturers’ futures rely on how effectively they can address four significant challenges:

• The changing nature of manufacturing work

• An aging workforce driving an increase in the hiring of younger and less-experienced workers

• Technology changes in the plant

• The unpredictability of economic globalization.

These factors have a direct impact on the occupational health and safety (OH&S) risk to workers.

The pandemic has highlighted just how vital the OH&S practitioner is to supporting COVID-19 safety plans while overseeing the many other health and safety risks in the workplace. Today’s OH&S professionals need a range of skills to support changing environments, including occupational medicine, epidemiology, occupational hygiene, mental health, and human factors.

They also need interpersonal, management, industry-specific and technical skills to equip them for the work ahead.

Manufacturing Safety Alliance of BC has researched the impact of labor market issues in British Columbia’s manufacturing sector for the health and safety profession.

This research included broad participation with manufacturing and union leaders, OH&S professionals, and industry associations across Canada. It has highlighted the need to define a standard set of competencies for OH&S professionals within the manufacturing sector.

To have standardized accreditation and certification, education programs should align to set a standard of competencies to ensure that new practitioners have the skills to be effective. Manufacturing also requires additional specialized training due to the complexity of risk areas.

OSHA Proposes Updates to Hazard Communication Standard

The Occupational Safety and Health Administration (OSHA) is scheduled to publish a notice of proposed rule update to its Hazard Communication (“Haz Com”) Standard on February 16th, 2021. This proposed change will align its rules with those in the seventh version of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

OSHA’s Haz Com was initially established in 1983, and it provides a systematized approach to communicating workplace hazards associated with exposure to hazardous chemicals. The Haz Com Standard is currently linked to the third version of GHS, which was created in 2012. In the Haz Com Standard, chemical manufacturers are required to classify the hazards of chemical which they produce or import into the US, and employers need to provide information to their employees about the hazardous chemicals to which they are exposed. This includes providing a hazard communication program, labeling and other forms of warning, safety data sheets, and training. The notice of proposed rulemaking will enhance worker protections by updating the Haz Com Standard, which should support more extensive efforts to address workplace hazards such as aggregate exposures and cumulative risk models. 

Some other key modifications included in the proposed rule include:

• New flexibility for labeling bulk shipments of hazardous chemicals, including allowing labels to be placed on the immediate container or transmitted with shipping papers, bills of loading, or by other technological or electronic means that are immediately available to workers in printed form on the receiving end of the shipment;

• New alternative labeling options where a manufacturer or importer can demonstrate that it is not feasible to use traditional pull-out labels, fold-back labels, or tags containing the full label information generally required under the Haz Com Standard, including specific alternative requirements for containers less than or equal to 100ml capacity and for containers less than or equal to 3ml capacity; and

• New requirements to update the labels on individual containers that have been released for shipment but are awaiting future distribution where the manufacturer, importer, or distributor become aware of new significant information regarding the chemical’s hazards.

OSHA will be accepting comments on the proposed rule until April 19th, 2021. Comments can be submitted at https://www.regulations.gov/.