News

Jun 03, 2023

OSHA Enforcement Initiative Targets Warehouse, Home Center, Delivery Services, Supermarkets, Others

The Occupational Safety and Health Administration (OSHA) has launched a three-year national emphasis program permitting extensive inspections of warehousing and distribution center operations,

The Occupational Safety and Health Administration (OSHA) has launched a three-year national emphasis program permitting extensive inspections of warehousing and distribution center operations, mail/postal processing and distribution centers, parcel delivery/courier services, and certain high-hazard retail establishments.

The National Emphasis Program on Warehousing and Distribution Center Operations, CPL 03-00-026 (Warehouse NEP) went into effect July 13, 2023. State OSHA plans must adopt an identical emphasis program, or one at least as effective as the Warehouse NEP, in the next six months, by January 13, 2024.

Under the Warehouse NEP, OSHA will conduct safety inspections focused on some of the most commonly cited hazards in general industry and ones that are easy to identify in plain view during an inspection. Inspections will focus on:

OSHA may expand the scope of an inspection when there is evidence (e.g., injuries or illnesses recorded on both OSHA Forms 300 and 301, employee statements, or “plain view” observations) other standard violations may exist. Employers may be subject to a second inspection — one for health hazards related to heat or ergonomics — if the compliance officer believes those hazards are present.

Now, more than ever, there are more ways to end up on an OSHA programmed inspection list. Between the Warehouse NEP, the National Emphasis Program — Outdoor and Indoor Heat-Related Hazards, CPL 03-00-024 issued in 2022, and the 2023 Site-Specific Targeting Directive, CPL 02-01-064, employers’ chances of a programmed OSHA inspection have tripled. Further, should OSHA show up at the worksite based on a referral (a reported injury, hospitalization, or death) or a complaint, OSHA can use these enforcement initiatives to expand the scope of the Warehouse NEP inspection.

Employers should first determine whether they are covered by the Warehouse NEP by checking the listed NAICS codes. Covered employers should re-evaluate their safety programs and procedures and OSHA compliance protocols related to the listed hazards and other hazards that may exist at their sites. It is also important to have protocols in place for when OSHA shows up and for how to handle an OSHA inspection.

Other actions employers should consider include:

The Warehouse NEP specifically covers the NAICS codes for the following establishment categories:

With respect to high-hazard retailers, the Warehouse NEP covers the NAICS codes for the following establishment categories:

Inspections of high-hazard retailers will be partial inspections covering the loading and storage areas, but they may be expanded based on evidence that violations may be found in other areas of the establishment.

OSHA Area Offices will be provided with two lists of establishments for programmed inspections. One list is made up of establishments within the high-hazard retail establishment NAICS codes, based on the highest DART (Days Away, Restricted, and Transfers) rates. The other list is made up of establishments within the other covered NAICS codes. These inspection lists are computer-generated at random based on employer NAICS codes in a particular OSHA Area Office’s jurisdiction.

In addition, employers in the target NAICS codes are at risk for OSHA expanding unprogrammed inspections (i.e., fatalities/catastrophes, complaints, or referrals) of covered establishments to address the areas outlined in the Warehouse NEP.

If you have any questions about the Warehouse NEP or need assistance with an OSHA inspection or defense of citations, please reach out to the Jackson Lewis attorney with whom you normally work or any member of the Workplace Safety and Health Practice Group.

©2023 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.