On January 11, the Department of Labor announced changes to the OSHA civil penalty amounts based on cost-of-living adjustments for 2024. In 2015, Congress passed legislation to increase civil monetary penalties as a deterrent to violating the agency’s safety and health standards and/or regulations. Under the legislation, agencies are required to publish “catch-up” rules that adjust the level of civil monetary penalties and make subsequent annual adjustments for inflation no later than January 15 of each year.

On December 27, ż commented (coalition letter) on the U.S. Environmental Protection Agency’s (EPA) draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System or NPDES). ż’s primary concern is that the new guidance would lead EPA to consider prevalent stormwater infrastructure (such as sediment basins or retention ponds) as point sources requiring a NPDES permit. These stormwater controls are themselves often required by NPDES permits.

ConsensusDocs publishes a monthly construction law newsletter that you can sign up for free at the bottom of this page here. ConsensusDocs compiles the top five most-read articles of the year in January as an interesting way to reflect on the previous year as well as indicate some of the trending topics that lie ahead. For 2023, the most-read articles were:

For over five decades, Board of Certified Safety Professionals (BCSP) has been at the forefront of promoting excellence in safety practices. Through rigorous certification processes, the organization has ensured that safety practitioners meet and maintain high standards in their technical competency. The impact of BCSP-certified professionals can be witnessed in the improved safety practices across various sectors, highlighting the organization's commitment to creating a safer work environment.
On December 19, the Bureau of Labor Statistics (BLS) released its annual report on occupational injuries for 2022. The report reveals 1,069 construction fatalities occurred in 2022, a 7.7% increase from 986 construction fatalities in 2021. The leading causes of construction industry fatalities remains what OSHA considers to be the “construction focus four hazards” which are falls (38%), struck by object or equipment (8%), electrocutions (6%), struck, caught, or crushed in collapsing structure, equipment, or material (5%).

The Alliance for Naloxone Safety in the Workplace (ANSW) provides tools your organization can use to address opioid overdoses in the workplace. Created and led by industry professionals, the ANSW provides employers with the latest information and training resources to successfully implement a Naloxone program at their businesses.

The Occupational Safety and Health Administration (OSHA) final rule that expands the current recordkeeping requirements went into effect on January 1, 2024, and mandates the submission of Form 300-Log of Work-Related Injuries and Illnesses and Form 301-Injury and Illness Incident Report in addition to Form 300A-Summary of Work-Related Injuries and Illnesses data from construction establishments with 100 or more employees. Establishments with 20 to 99 employees continue to be required to submit only Form 300A-Summary of Work-Related Injuries and Illnesses data. ż communicated our concerns with the rule to OSHA during the rulemaking process.