OSHA Updates Penalty Structure and Capitol Hill Puts Spotlight on Heat, VPP

The Next Edition (#3) Musings from Jim Frederick and Heather MacDougall, Esq. and CSP for workplace health and safety watchers (originally published in The Safety Scoop on July 21, 2025)

Updates on OSHA Impacts on Workplace Safety

Updates from the Occupational Safety and Health Administration (OSHA) provide valuable insights into changes that affect workplace safety. Here, we explore recent updates and their implications for employers and employees alike.

Changes to Penalty Reduction Policy Benefit Small Employers

OSHA FOM is available on its website

On July 14, the US Department of Labor and Occupational Safety and Health Administration (OSHA) announced updates to their penalty and debt collection procedures in the OSHA Field Operations Manual (FOM). This manual is a useful resource for employers and should be bookmarked for easy access.

The key changes include:

1. Increased penalty reductions for small employers.

2. Expanded definitions of small employers eligible for these reductions.

3. Greater use of penalty reductions for immediate hazard abatement during or shortly after inspections.

4. Penalty reductions for employers without a history of OSHA enforcement.

   
   

Important Notes on These Changes

• The small business penalty reduction is now extended to employers with 25 or fewer employees. Additionally, the previous restrictions on penalty reductions for serious citations have been removed.

• The timeframe for immediate hazard abatement has been expanded from during the inspection to up to 15 days, allowing more time for necessary repairs.

• OSHA will now consider sites that have not had an inspection in the previous five years when determining penalty reductions.

  
  

Jim’s Thoughts on FOM Changes

A critical question arises regarding these changes: Will they improve worker safety and health? My perspective is mixed.

• Historically, OSHA enforcement has played a significant role in enhancing workplace safety. The presence of OSHA influences employer behavior regarding safety practices. I believe OSHA and the safety profession share a symbiotic relationship; both benefit from each other's existence.

• Expanding the definition of small businesses eligible for penalty reductions may help these companies enhance their safety systems.

• However, I question whether reducing penalties for small businesses truly leads to safer workplaces. The analogy of speeding tickets comes to mind; lower penalties may not equate to safer roads.

• I maintain that the primary focus should be on creating safe workplaces by mitigating hazards. While extending the quick fix option to 15 days may lead to more hazards being addressed, it could also leave serious risks unaddressed for two weeks.

• The exclusion of penalties for sites without recent OSHA inspections may lead to many reductions. However, lower penalties do not necessarily correlate with improved safety. Congress has recognized this issue and has adjusted OSHA penalties for inflation to ensure they remain impactful.

  
  

Heather’s Thoughts on FOM Changes

I agree that the crucial question is whether these changes will enhance worker safety. The updates to OSHA’s FOM seem to support proactive compliance and recognize employers with strong safety records.

• While I concur with Jim that OSHA penalties are low, I believe this is a separate issue. Congress should consider what penalties should be authorized.

• The Federal Civil Penalties Inflation Adjustment Improvements Act of 2015 was a step in the right direction, allowing OSHA to adjust penalties. However, I advocate for raising penalty maximums while maintaining reduction structures for small employers.

• Collaboration between OSHA and employers can enhance compliance without sacrificing enforcement. This partnership can amplify safety initiatives.

  
  

Regarding abatement, while it is essential to consider an employer's good faith efforts, requiring immediate action before contesting a citation raises concerns about due process. Employers should have the right to contest citations without being forced into costly corrective actions prematurely.

One More Thought from Jim

I wholeheartedly support proactive collaboration with employers and stakeholders. However, I believe that increasing OSHA's cooperative efforts at the expense of enforcement responsibilities may not serve worker safety well. The OSHA budget is minimal, equating to less than $4 per worker annually. This is insufficient for meeting the agency's mission effectively.

Safety News from the Hill

Shifting focus to Capitol Hill, we examine recent workplace safety news and legislative efforts.

A congressional bill and hearing put workplace safety in the spotlight on Capitol Hill

Democrats Renew Push for Federal Heat Safety Standard for Workers

On July 17, House and Senate Democrats reintroduced legislation aimed at protecting workers from hazardous heat exposure. The “Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act” has been proposed multiple times in recent years but has yet to pass.

The bill would require OSHA to establish mandatory standards for both indoor and outdoor workers at risk of heat-related illnesses. Key measures would include:

• Paid rest breaks in cool areas.

• Access to drinking water.

• Limits on time spent in high-heat environments.

• Emergency procedures for workers showing signs of heat stress.

  
  

Under the proposed legislation, OSHA would need to issue an interim final rule within one year of enactment. Additionally, the bill proposes extending the statute of limitations for citations and whistleblower claims.

Jim's and Heather's Thoughts on the Bill

While the bill is reintroduced amid discussions of OSHA's proposed Heat Illness and Injury Prevention standard, we both see little chance of it passing.

Renewed Efforts to Codify OSHA’s Voluntary Protection Programs

On July 16, the US House of Representatives Committee on Education & Workforce held a hearing titled “Safe Workplaces, Stronger Partnerships: The Future of OSHA Compliance Assistance.” Witnesses included representatives from various organizations discussing compliance assistance programs, particularly the OSHA Voluntary Protection Program (VPP).

Jim’s Thoughts on the Hearing

I strongly believe in the importance of safety and health management systems (SHMS). Effective SHMS can significantly reduce workplace injuries and illnesses. OSHA's Safe+Sound campaign is a valuable resource for workplaces seeking to improve their SHMS.

The VPP framework encourages collaboration between employers and workers. The hearing highlighted the need to codify VPP to ensure its longevity and allocate a specific portion of OSHA's budget to the program.

However, increased funding for VPP may divert resources from other essential OSHA programs. Balancing the budget is crucial to ensure that all workplaces receive adequate support for safety initiatives.

Heather’s Thoughts on the Hearing

As I mentioned in a previous blog post, it is unfortunate that we have not seen significant advancements in OSHA's efforts to modernize VPP. I believe that collaboration does not diminish enforcement; instead, it enhances overall safety.

Investing in OSHA's collaborative efforts can yield greater returns than spending solely on enforcement. By working with employers, trade associations, and unions, OSHA can influence safety practices across entire industries.

In conclusion, strong partnerships are essential for enhancing OSHA's effectiveness. By leveraging resources and fostering collaboration, we can improve workplace health and safety for all workers.

Final Thoughts from Jim and Heather

We both agree on the importance of collaboration in enhancing workplace safety. It is essential to engage all stakeholders to create a safer working environment for everyone.