OSHA 2021 Outlook
With a new administration entering the White House, 2021 could be very interesting for OSHA (Occupational Safety and Health Administration). Here are some key points of interest to contemplate.
1. OSHA Leader
Loren Sweatt, the Principal Deputy Assistant Secretary, has been the acting Assistant Secretary of Labor since 2017. Biden selected Boston Mayor, Martin Walsh, as the new Assistant Secretary of Labor, but it has yet to be confirmed.
2. 2021 Budget
Item |
2019 Enacted |
2020 Enacted |
2021 Requested |
Safety and Health Standards |
18,000,000 |
18,000,000 |
18,133,000 |
Federal Enforcement |
209,000,000 |
221,711,000 |
223,848,000 |
Whistleblower Programs |
17,500,000 |
18,564,000 |
20,231,000 |
State Programs |
102,350,000 |
108,575,000 |
108,575,000 |
Technical Support |
24,469,000 |
24,469,000 |
24,622,000 |
Compliance Assistance-Federal |
73,481,000 |
73,481,000 |
75,410,000 |
Compliance Assistance-State Consultations |
59,500,000 |
61,500,000 |
61,500,000 |
Compliance Assistance-Training Grants |
10,357,000 |
11,537,000 |
0 |
Safety and Health Statistics |
32,900,000 |
32,900,000 |
34,950,000 |
Executive Direction |
9,496,000 |
9,496,000 |
9,544,000 |
Total Budget Authority |
557,233,000 |
581,233,000 |
576,813,000 |
Total FTE |
1,808 |
1,884 |
1,896 |
The FY 2021 Budget provides $576,813,000 and 1,896 direct FTE for OSHA to maintain a robust enforcement program, and includes program increases totaling $3,919,000 and 12 FTE. Specifically, the FY 2021 budget includes additional staff resources, including a program increase of $1,460,000 and 10 FTE to hire whistleblower investigators.
The FY 2021 budget request also includes an increase in federal compliance assistance of $459,000 and 2 FTE to hire additional instructors and support additional compliance officers and whistleblower training.
3. 2021 Focus
With the administration change there are no definitive items. However, here are some items that are somewhat expected or being talked about:
COVID-19
It is very likely that under Biden, OSHA will release at least an emergency temporary COVID-19 standard. This is something labor unions have been pushing for and Biden has been very vocal about taking care of this pandemic.
Standards
Here is OSHA’s current list of active rules and the stages they are currently in.
Pre-rule Stage |
Emergency Response |
|
Pre-rule Stage |
Mechanical Power Presses Update |
|
Pre-rule Stage |
Prevention of Workplace Violence in Health Care and Social Assistance |
|
Pre-rule Stage |
Blood Lead Level for Medical Removal |
|
Proposed Rule Stage |
Amendments to the Cranes and Derricks in Construction Standard |
|
Proposed Rule Stage |
Communication Tower Safety |
|
Proposed Rule Stage |
Update to the Hazard Communication Standard |
|
Proposed Rule Stage |
Powered Industrial Trucks |
|
Proposed Rule Stage |
Lock-Out/Tag-Out Update |
|
Proposed Rule Stage |
Tree Care Standard |
|
Proposed Rule Stage |
Occupational Exposure to Crystalline Silica; Revisions to Table 1 in the Standard for Construction |
|
Proposed Rule Stage |
Welding in Construction Confined Spaces |
|
Proposed Rule Stage |
Drug Testing Program and Safety Incentives Rule |
|
Proposed Rule Stage |
Personal Protective Equipment in Construction |
|
Proposed Rule Stage |
Powered Industrial Trucks Design Standard Update |
|
Proposed Rule Stage |
Walking Working Surfaces |
|
Proposed Rule Stage |
Occupational Exposure to Crystalline Silica: Revisions to Medical Surveillance Provisions for Medical Removal Protection |
|
Proposed Rule Stage |
Mechanical Power Presses 29 CFR 1910.217 |
|
Final Rule Stage |
Procedures for the Handling of Retaliation Complaints Under the Taxpayer First Act |
|
Final Rule Stage |
Procedures for Handling of Retaliation Complaints Under the Whistleblower Protection Statutes |
|
Final Rule Stage |
Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970 |
Enforcement
Under the Biden administration, it is expected that OSHA will get much tougher on enforcement to protect workers. This could include more inspections, citations and urging whistleblowers to report violations. Also, a return of aggressive reporting/publicizing of companies that are found to be in violation of the OSHA Standards.
Final Thoughts
2021 will be interesting with many variables that will unfold with the new administration. We all look forward to the end of the COVID-19 devastation of 2020 and a return to a so-called normal. May all our lives improve in 2021.
