Through the first month of 2023, OSHA signaled to employers that enforcement is an agency priority and that it will use a full range of mechanisms to hold employers accountable for.
OSHA signaled to employers enforcement is agency priority, it will use full range of mechanisms to hold employers accountable for workplace health and safety violations. At the start of the year, OSHA announced highest increase in maximum civil penalties since 2016.
Section 1910.119(a)(2)(i) of the Process Safety Management (PSM) standard states that it does not apply to “retail facilities.” The PSM standard does not apply to retail facilities, but there is no specific definition of what constitutes a retail facility.
A lawsuit filed in the DC Circuit challenged OSHA’s ability to revise the definition of what constitutes a retail facility without notice and comment rulemaking as required by the Occupational Safety and Health Act. In Agricultural Retailers Ass’n v. U.S. Dep’t of Labor