ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION DECEMBER 9, 2020
Page 7
OSHA Standards and Enforcement Expected in 2021…continued from page 2
During his campaign, President-elect Biden called for the government to "double the number of OSHA
investigators to enforce the law and existing standards and guidelines." Given this aggressive approach to
workplace safety enforcement, observers believe it is likely the new President and his team will increase the
number of investigators working at OSHA and the Mine Safety Health and Administration (MSHA) over the next
four years.
This will not be a fast process, so don't look for big changes overnight. Currently there are approximately 761
OSHA inspectors, compared with around 1,000 a decade ago. Even if the new Administration begins hiring
new investigators on day one, it could take nearly two years for all of them to be selected, trained, and in the
field conducting inspections. So while employers can expect to see more inspectors at the door, it will happen
gradually over a period of months.
Although there are fewer inspectors currently in the field, the PSAI routinely gets calls from portable sanitation
companies and construction firms regarding OSHA enforcement actions that are happening right now. The most
common questions involve cleaning/pumping frequency and hand wash questions. Hand wash issues typically
center around the use of potable water, making adjustments for winter conditions, and the amount of hand wash
that is required.
TIP: Start educating your customers now about this anticipated uptick in OSHA
enforcement, both in general and how it relates to their portable sanitation choices.
Use the PSAI's COVID-19 guidance and existing OSHA standards to help them make
better decisions before an inspector shows up. Even before COVID, the PSAI knew
that the portable sanitation on job sites with accidents often gets scrutinized. We
have been told there is a correlation between job site accidents and sanitation issues,
since people who are trying to find somewhere to answer nature's call are often
invisible to equipment operators. Use this information to encourage your customers
to make better decisions regarding their sanitation needs.
3. A New Head of OSHA and Restored Advisory Committees
Can you name the current head of OSHA?
Nobody can; the position has been open since 2019. Numerous other positions are open as well, as described in
a June 2019 Industrial Safety and Hygiene news article.
Given President-elect Biden's stated priorities, he will probably
move quickly to fill the Assistant Secretary of Labor position
assigned to OSHA, likely with a safety professional. Biden will
also be inclined to populate OSHA's advisory committees and
boards with competent experts, ensure they are fully staffed
and meet regularly. This includes committees on construction
safety and health, maritime safety, and general industry safety.
When those groups gear up, we will see recommendations
for changes to how OSHA does its work and what the Agency
requires in these arenas. It takes a lot of time and bureaucratic
process to change an OSHA standard, but committees and boards can influence policy in many ways.
Federal agencies gain access to valuable information from advisory committee members' expertise on many
different issues affecting policies and programs. In return, the public is provided an opportunity to play an active
role in the government's decision-making process.
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