Partner Wayne D'Angelo
co-authored the Law360
article "In Race Against The Clock, OSHA Makes Nonregulatory Moves." The U.S. Occupational Safety and Health Administration (OSHA) recently stepped up its use of non-regulatory tools as an alternative to notice and comment rulemaking. This article covers the implications for employers and their ability to keep abreast of new requirements. Wayne cites three examples of OSHA using its guidance and interpretive authority to impose substantial new legal and regulatory requirements on employers. They analyze the increased use of the general duty clause, changes to the threshold chemical concentration calculation for the professional safety management standard and the expansion of recognized and accepted good engineering practices. The authors suggest that, "Employers should be aware that OSHA requirements impacting their facilities do not always appear in rules, and should check OSHA's website frequently for new guidance, interpretive letters and enforcement directives and memoranda."