As we enter 2024, we reflect on the challenges we faced in 2023 and the resilience we showed alongside our clients. Now, with a fresh year ahead of us, we eagerly anticipate what it will bring and remain committed to exceeding the expectations of our clients. Let's take a closer look at some of the noteworthy health and safety plus OSHA highlights from 2023 and what lies ahead in 2024.
Regulatory Impact in 2023
OSHA:
Unprogrammed inspections, mostly caused by employee complaints, remained the number one reason employers were inspected by OSHA in 2023 and saw a 56% increase from the prior year. More inspectors, continued silica emphasis programs and development of new emphasis programs gave OSHA a lot of territory to cover. The number of inspections increased in 2023. Learn more here about 2023 OSHA inspections.
New Federal Law:
The Pregnant Workers Fairness Act became law in 2023 and went into effect June 27th. This Act took 10 years to be passed into law. All employers with at least 15 employees will be required to extend to pregnant workers “reasonable accommodations.” These can include a chair or stool to sit on, additional bathroom breaks, and limits on how much they can lift. It is about a pregnant worker being able to ask for reasonable accommodation without fear of retaliation from her employer. From the health and safety standpoint, employers should discuss with pregnant workers the types of chemicals used in the workplace, which is a requirement under 29 CFR 1910.1200 Hazard Communication Standard anyway, and any impacts they could have. You can find out more here about the Pregnant Workers Fairness Act.
Looking Ahead on Safety
Penalties:
In 2023, OSHA's maximum penalties for serious and other-than-serious violations increased from $14,502 per violation to $15,625 per violation. The maximum penalty for willful or repeated violations increased from $145,027 per violation to $156,259 per violation. These kinds of fines are not typically budgeted by most businesses so ensuring that your health and safety program is up to par to protect your workers should be a part of your strategic planning for 2024. Seek assistance.
On January 26. 2023, OSHA announced enforcement guidance changes to save lives, target employers who put profit over safety. The intent is to make OSHA’s penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to comply with certain workplace safety and health requirements. The announcement states:
“OSHA Regional Administrators and Area Office Directors now have the authority to cite certain types of violations as "instance-by-instance citations" for cases where the agency identifies "high gravity" serious violations of OSHA standards specific to certain conditions where the language of the rule supports a citation for each instance of non-compliance. These conditions include lockout/tagout, machine guarding, permit-required confined space, respiratory protection, falls, trenching and for cases with other-than-serious violations specific to recordkeeping… In a second action, OSHA is reminding its Regional Administrators and Area Directors of their authority not to group violations, and instead cite them separately to more effectively encourage employers to comply with the intent of the OSH Act.”
This instance-by-instance citation and group violations allows OSHA to cite for each violation rather than consider exposures to multiple employees as one violation.
OSHA Emphasis Programs:
Be aware of federal OSHA and state OSHA emphasis programs. A National Emphasis Program (NEP) is a Directive. It is a temporary program that focuses OSHA's resources on particular hazards and high-hazard industries. Existing and potential new emphasis programs are evaluated using inspection data, injury, and illness data, National Institute for Occupational Safety and Health (NIOSH) reports, peer-reviewed literature, analysis of inspection findings, and other available information sources. Dental laboratories remain on the high-hazard list. Silica exposure remains an emphasis for OSHA even though the construction industry is the primary focus. Dental laboratories have had to prove that their workers are not being over-exposed to silica. Be proactive by performing monitoring activities to ensure that your engineering controls and administrative controls are working where products containing crystalline silica are in use. If you are in an OSHA state plan state, go to your state OSHA website and search for emphasis programs.
Water Quality Safety:
The new cluster of suspected nontuberculous Mycobacteria (NTM) reported by the Centers for Disease Control (CDC) in March 2022 brought more awareness in dentistry and to the public of the need for better maintenance and monitoring of dental waterlines. CDC reminds dental providers to become familiar with the CDC’s recommendations “on how to properly maintain and monitor their dental equipment to ensure that dental treatment water is safe for patient care.” The investigation of the new cluster is still under investigation. In 2024 dental providers should adhere to the CDC guidance on dental unit water quality. State Boards of Dentistry seem to be taking a closer look at this issue so licensed dental providers need to stay abreast of their state licensing requirements. The State Board of Dentistry in Georgia has put into effect in 2024 the requirement for licensed dental providers to have 2 hours of infection control training for license renewal every 2 years and one of those hours must be on water quality. Kellie Thimmes, Compliance Advisor for SafeLink Consulting, will participate in a program January 26, 2024 on the subject of the Georgia change - register here. Learn more about the importance of waterline safety here.
What are your business plans for 2024?
Your first step should be to ensure that your management team has access to a knowledgeable resource on the regulations that apply to your business. Contracting with an expert such as SafeLink Consulting is a step in the right direction. Contact us to learn how services are utilized to benefit your business to assist you in achieving a more successful and prosperous 2024! Learn more about SafeLink's year in review.
Learn more about how to achieve Dental Practice OSHA Compliance and Dental Lab OSHA Compliance.
