Audit, Compliance and Risk Blog

The US federal Occupational Safety and Health Administration (OSHA) has reported a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for all industries, during federal Fiscal Year (FY 2024). The remainder of this note provides OSHA’s list, with links to the standards (i.e., general industry standards) I’ve written about in other notes.

The US federal Occupational Safety and Health Administration (OSHA) conducted its twelfth annual “National Safety Stand-Down to Prevent Falls in Construction” during May 5-9, 2025. The Stand-Down focused on fall hazards and fall prevention, emphasizing safety demonstrations, trainings and hazard recognition activities. Falls are a leading cause of workplace injuries and deaths in construction, and can also be important hazards in non-construction locations where workers use ladders or work in elevated locations. The remainder of this note summarizes approaches to fall hazards and fall protection. 

The US Bureau of Labor Statistics (BLS) compiles data about occupational injuries and illnesses (I&I), and issues annual reports about occupational injuries, illnesses and fatalities. BLS cooperates with Occupational Safety and Health Administration (OSHA) requirements that employers record occupational I&I as they occur, and compile annual I&I logs to inform workers and regulators of overall rates.  BLS issued its report for calendar year 2023 in December 2024, highlighting causes and distributions of workplace deaths, and noting that they were lower than in 2022. The rest of this note summarizes how these occupational incidents are reported and counted. 

One important issue for employers to consider in their workplace safety and workplace violence prevention efforts is whether to allow employees to bring weapons to work, and if so whether to place limitations on their storage or handling – locked in an employee’s vehicle, for example. Many employers prohibit weapons on workplace premises, including the US Postal Service via its regulations (39 CFR 232.1.) In recent years, however, increasing numbers of states restrict or even prohibit employers from limiting employee weapons, at least in parked vehicles. Most recently, on January 1, 2025 New Hampshire became the latest state to block employer restrictions. 

Many regulatory laws provide for civil – and sometimes even criminal – penalties for noncompliance. Statutes set penalty levels (“XXX dollars per day of violation” for example), at levels intended to provide meaningful deterrence and punishment for noncompliance. But over time, these penalties' stings decline with inflation. To counteract the possibility that less painful penalties reduce incentives for compliance, U.S. law directs most federal agencies to make annual “cost of living” adjustments to the maximum statutory civil penalty levels (there are no provisions for standing periodic adjustments to criminal penalties). 

Working in excessive heat can cause illness, whether outdoors (this summer again brought record-breaking heat to parts of North America), or indoors where equipment, combustion or other factors raise ambient working temperatures. Occupational safety and health agencies have slowly been expanding explicit requirements that employers protect their workers against heat stress. Most recently, the Maryland Department of Occupational Safety and Health (MOSH) adopted Heat Stress Standards effective September 30, 2024 (COMAR 09.12.32).

Radon gas is released naturally by radioactive decay within rock formations, from where it can percolate to the surface and infiltrate basement and trenching, and then produce hazardous concentrations if trapped or spread throughout the structure by the ventilation system. Because of its radioactive origin, radon can pose health risks – it’s the leading cause of lung cancer in non-smokers. The US Environmental Protection Agency (EPA) administers extensive information programs, which encourage in-building testing (especially in housing), and provides guidance for hazard reduction. EPA’s authority derives primarily from the Indoor Radon Abatement Act of 1988 (codified as Title III of the Toxic Substances Control Act (TSCA)). In addition, the Occupational Safety and Health Administration (OSHA) considers radon a type of ionizing radiation subject to worker protection requirements. The remainder of this note provides background to radon hazards and their management, referencing information from EPA, OSHA and other agencies and professional organizations. 

In October, the US Occupational Safety and Health Administration (OSHA) and other federal agencies reacted to hurricanes in the Southeast by re-highlighting existing guidance to support preparation for potential hurricanes, and to respond if one occurs. OSHA’s guidance is directed at employers, the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA) provide more generalized guidance, and the Centers for Disease Control and Prevention (CDC) target families. The rest of this note summarizes this timely information, centering on OSHA’s offerings. 

OSHA issues safety standards for the design and use of portable powered tools and other handheld equipment items. (29 CFR 1910.242 – 1910.244). These standards focus on safe use of powered hand tools, as well as on safety features such as lock-outs and guards. The standards define general requirements for all equipment defined as powered hand tools, including specific definitions for following: explosive-actuated; fastening tools; abrasive wheels; and jacks. The remainder of this note summarizes these requirements.

While the world adapts to the ongoing presence of COVID-19 and its hazards, other potential pandemic diseases continue to cause concerns. One example is avian influenza, also known as bird flu. In the US, the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) note that avian influenza H5N1 was first seen in the U.S. in migratory birds in 2015, and in agricultural poultry stock beginning in 2022. Since then, a few mammal infections have been confirmed, and in April 2024, a dairy farm worker tested positive for avian influenza A (H5N1). This history confirms a slow expansion of pathways to infection, and at-risk species extending to include humans. There have not yet been confirmed human-to-human transmissions, which could trigger the next pandemic if they began to proliferate (just as COVID-19 did a few years ago). As these concerns rise, in August 2024 OSHA gathered and updated safety information about Bird Flu, which I summarize below.