Beware OSHA Scam
More than one of our clients recently asked us about a call they received from someone claiming to be from OSHA and asking them to take a risk assessment over the phone. This is a marketing SCAM. OSHA emails and shows up. They don’t call ahead.
If someone from OSHA (and we will talk specifically about Minnesota OSHA) does contact you, they will give their full name and explain why they are contacting you.
- If the contact is by email, it will usually be because they had a complaint or you reported a serious injury.
- If OSHA shows up in person, the inspector must present credentials (an ID badge from the state and a business card).
OSHA will tell you why they are contacting you (complaint, programmed inspection, emphasis program). They will not ask you to take a risk assessment. You will be able to verify the credentials with ease: do a search for “MN government white pages” and look for the person’s name under the Department of Labor and Industry (DLI) or call DLI. If you aren’t sure, contact us.
OSHA isn’t likely to call you out of the blue. Instead, agency representatives will call if you already have a relationship with them. Most often, that would be if you had an OSHA inspection and they are following up on a specific question or issue. But an email would be more likely than a phone call.
MN Workplace Consultation (the consultation, non-enforcement part of OSHA) will schedule site visits, but only if you’ve invited them. If you have received an OSHA Safety Grant, they may schedule a site visit (by getting the grant you invited them). But they won’t show up unannounced. They’ll email you first.
If a call from OSHA sounds fishy, it probably is.
Safety Committees
Most of you in Minnesota who are reading this newsletter are required to have an AWAIR program and a safety committee. We are seeing a lot more citations from MNOSHA for lack of a documented safety committee, with penalties. And if you don’t have a safety committee, you won’t get full credit for good faith, so you’ll have higher penalties overall. MNOSHA published a brief fact sheet about safety committees here.
Does it fit? If it’s PPE, it must – regardless of your industry
Have you have ever worn gloves that are too big, making it hard to get a good grip? That’s a safety hazard. OSHA’s standard for personal protective equipment for general industry has long required that personal protective equipment fit the wearer. Now, federal OSHA has extended that protection to construction workers. We expect Minnesota OSHA to adopt that change within the next six months.
That might have a beneficial impact on general industry, too. Both construction and general industry need harnesses for fall protection. Those are often designed to fit the typical adult male. If you’re not built like that typical adult male, trying to wear that harness could be dangerous. Harnesses that fit those different bodies are available, but companies need to provide them instead of purchasing “one size fits all.” The same problem applies to coveralls – coveralls that fit the average male would have legs six inches longer than my legs. That’s a tripping hazard, even if I use duct tape to customize the fit.
With demand from both general industry and construction, we should see wider availability of PPE, so workers of all body types can be provided with protective equipment that fits.
Environmental Updates
Wrapping up the reporting
We’ve been busy getting hazardous waste reports and OSHA 300 logs completed. Here are some deadline reminders:
Air Permit updates
The MPCA is working on an update to air toxics reporting. Currently, the MPCA asks air permit holders to report hazardous air pollutants every three years. Under the proposed revision, annual reporting will be required. This proposed rule is set for a public hearing in late February.
Industrial Stormwater updates
There aren’t many. The MPCA still has not opened permitting for 2025, but the agency just published the draft permit for comment. The major change: some industries will need to do sampling for PFAS chemicals, even if they intend to qualify for the no-exposure exclusion. Contact us if you want a list of those industries (if we applied for the no-exposure exclusion for you in the past, we checked and your industry is not required to do PFAS sampling).
Your current permit or no-exposure exclusion is good through March 31, 2025. We’ll keep tracking this.
Winter weather resources
Even though it is a balmy 46⁰F as I write this, winter isn’t over yet. OSHA has Winter Weather tips and resources here for when a normal Minnesota winter resumes.
New Minnesota minimum wage posters are available here.
Correction to prior newsletter: Golf carts do not fall under the Powered Industrial Truck standard. ATV and utility vehicles, like the Toro Workman®, do fall under that standard.
Where to find us
Carol and Solana will be at the American Society of Safety Professionals Northwest Chapter Professional Development Conference (ASSP Northwest PDC) on Feb 11. Carol and Solana have been helping with the planning. Carol is currently the President-Elect and will become President of the Northwest Chapter in July. You do not have to be a member to attend, exhibit or sponsor the PDC. For more information: https://northwest.assp.org/event/
Janet will be speaking at the Minnesota Safety Council Conference to be held May 5-6.
CHESS is looking for another great consultant. Someone who strives for excellence and to meet the needs of our clients. If you or someone you know fits that, contact Carol.