Tag: Labor Law News

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Safeguarding Compliance: The Importance of Keeping Labor Law Posters Up-to-Date 

In the fast-paced world of business, compliance with labor laws is not just an ethical responsibility; it’s a legal necessity. One often-overlooked aspect of this compliance is the role of labor law posters. These seemingly simple displays serve as crucial tools for businesses to inform employees about their rights and ensure adherence to labor regulations. In this comprehensive exploration, we’ll delve into the significance of labor law posters and why keeping them up-to-date is paramount for businesses. 

The Basics: Labor Law Posters 

Labor law posters are not mere office decorations; they are a legal mandate. These posters consolidate essential information about federal, state and local labor laws, presenting it in a clear and accessible manner for employees. For instance, they may cover minimum wage requirements, workplace safety guidelines and anti-discrimination laws, offering a comprehensive guide for both employers and employees. 

Key Elements Covered by Labor Law Posters 

Minimum Wage Requirements 

  • State-specific minimum wage rates 
  • Any recent changes or upcoming adjustments 
  • Information on tipped employees and applicable wage rates 

Workplace Safety Guidelines 

  • Emergency contact information and procedures 
  • Safety protocols for specific job roles or hazardous conditions 
  • OSHA regulations pertinent to the industry 

Anti-Discrimination Laws 

  • Equal Employment Opportunity (EEO) policies 
  • Guidelines against workplace discrimination based on gender, race or disability 
  • Contact information for relevant agencies to report discrimination 

Customization Based on Locale is Critical 

  • Different states have unique labor laws, and posters must reflect these distinctions. 
  • Tailoring posters to the specific industry helps employees understand regulations relevant to their work. 
  • Regular updates ensure that any changes in laws are accurately communicated to employees. 
     

Why Up-to-Date Posters Matter 

Labor laws are dynamic and subject to change. Businesses must adapt swiftly to remain compliant. Outdated posters not only pose legal risks but also compromise employee awareness and protection. Changes in minimum wage, safety protocols or other regulations may occur, and businesses need to reflect these adjustments promptly. 

Consider a scenario where there’s an update to a workplace safety regulation. Without a timely update to the corresponding labor law poster, employees might remain unaware of critical safety procedures, exposing both the workforce and the business to unnecessary risks. This underlines the urgency of ensuring that posters are consistently up-to-date. 

Expanding on the consequences of non-compliance, the Occupational Safety and Health Administration (OSHA) plays a pivotal role in enforcing workplace safety standards. OSHA mandates that certain businesses display specific posters to inform employees of their rights and ensure a safe working environment. Failure to comply with OSHA requirements can result in significant penalties, including fines that could potentially cripple a business financially. 

In the Trenches: Understanding the True Cost of Non-Compliance 

There are many reasons not to let non-compliance happen, particularly when it comes to labor law posters. Penalties for not displaying the required workplace posters can include hefty fines, which often vary based on the size of a business and whether the violation is a repeated offense. 

Broader Implications of Non-Compliance 

Beyond financial penalties, the repercussions of non-compliance extend to the very fabric of a business. An unsafe or non-compliant workplace can also lead to: 

Employee Dissatisfaction 

  • Employees may feel unprotected or undervalued when workplace regulations are not prioritized. 
  • Dissatisfaction can result in decreased morale and productivity. 

High Turnover Rates 

  • Non-compliance contributes to an unfavorable work environment, prompting valuable employees to seek alternative employment. 
  • High turnover rates disrupt business continuity and strain resources. 

Negative Public Image 

  • The public perceives businesses as stewards of ethical practices. 
  • A negative image due to non-compliance can impact customer trust and loyalty. 

 
By emphasizing these broader implications, businesses gain a more comprehensive understanding of the holistic importance of labor law poster compliance. It transcends avoiding fines – it’s about fostering a workplace culture that prioritizes employee well-being and contributes to long-term organizational success. 

NSC: Your Convenient Compliance Partner 

National Safety Compliance recognizes the challenges businesses face in staying abreast of labor law poster compliance. With a pre-order option for 2024 posters and a convenient yearly subscription, NSC simplifies the often cumbersome task of poster management. An NSC subscription not only guarantees up-to-date posters but also provides an added layer of security through poster “insurance.” 

In the event of any mandatory labor law changes, NSC takes a proactive approach, promptly shipping a new, updated poster for free. This not only saves businesses the effort of monitoring legislative changes but also ensures that compliance is maintained without any additional financial burden. 

With the pre-order option for 2024 posters, businesses can plan ahead and seamlessly integrate compliance efforts into their operational strategies. This forward-thinking approach aligns with OSHA’s emphasis on preventive measures, reinforcing NSC’s commitment to helping businesses avoid penalties and legal issues. 

Don’t just meet the minimum requirements; exceed them with NSC’s commitment to accuracy, convenience and proactive support. 

Choose NSC for your labor law poster needs. 

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Federal Labor Law Posters Updated (Yes, again!)

Keeping up with the changes to labor laws and the posting requirements that go along with those laws can be a challenge. You may remember, that in October the EEOC “Know Your Rights” poster  replaced the “EEO is the Law” poster. This was the first mandatory update to the required federal posters in six years.

However, since then two important federal laws passed in late December. The first new law to take effect is the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP). This act expands the rights of nursing mothers to all workers. Followed by the Pregnant Workers Fairness Act, which provides anti-discrimination protections for pregnant employees.

Federal Poster Updates

These new laws both include mandatory posting requirements for employers. First, the Fair Labor Standards Act (FLSA) poster was updated in April. The new poster covers the expanded rights for nursing mothers under the PUMP Act. Next, in June the Know Your Rights poster was revised. The revision includes the types of employment discrimination that are prohibited under the Pregnant Workers Fairness Act. Further, it includes failure to provide reasonable accommodations for pregnancy as a practice that is employment discrimination. In addition, the Family and Medical Leave Act (FMLA) poster had a non-mandatory update in April. (The U.S. Department of Labor maintains that the April 2016 and February 2013 versions still fulfill the posting requirement.)

A helpful solution

All these changes in such a short period of time magnify the value of our Poster Subscription Plan. When a major, mandatory change occurs while your subscription is active, we will provide you complimentary updated copies with your subscription service. The subscription renews yearly, offering an easy solution to compliance with labor law. You’ll automatically receive a new, yearly set of posters, hassle free.

Furthermore, the federal posting updates aren’t the only requirements that employers need to be aware of. Many states have been updating labor laws as well. For example, since January almost a dozen states have updated at least one of their mandatory posters.

States with updates since January:

  • South Carolina
  • New York
  • Virginia
  • Nevada
  • Texas
  • New Jersey
  • Delaware
  • Washington DC
  • Rhode Island
  • Louisiana
  • Oregon

This trend in labor law requirements is likely to continue. Tracking all the changes can be complicated. That’s why at NSC we constantly monitor it for you. The most efficient way to stay compliant is with our Poster Subscription Plan.

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Top 10 Most Commonly Cited OSHA Violations

Are OSHA violations still a major concern in the United States?

Unfortunately, yes. While it’s true that the Federal Occupational Safety and Health Administration (OSHA) has played a significant role in improving employee safety standards, many workplaces are still deemed unsafe.

For example, in 2021, OSHA health and safety inspectors carried out 24,333 federal inspections and discovered that 4,764 workers had died on the job in the previous year. The industries that accounted for nearly half of the fatal occupational injuries were:

  • Transportation
  • Material-moving jobs
  • Construction
  • Extraction jobs

We’ve written this post to assist both employers and employees identify and fix safety violations. We’ll explore the 10 most commonly violated OSHA standards as reported by OSHA inspectors and discuss ways you, as an employer, can address these concerns.

1. Fall Protection (29 CFR 1926.501)

According to the Bureau of Labor’s Census of Fatal Occupational Injuries Summary, there were 850 fatal falls recorded in the U.S. in 2021, up 5.6% from 2020. Falls, slips, and trips in construction and extraction occupations accounted for 370 of these 2021 fatalities.

You can reduce the likelihood of these incidents by adhering to the OSHA Fall Protection standard. This is a standard with two main requirements for employers:

  • Provision of fall protection systems such as guardrails, safety nets, personal fall arrest systems
  • Provision of fall protection training to employees working at elevated heights greater than six feet

You can fulfill the first requirement by installing appropriate fall protection equipment, and the second by enrolling workers in regional OSHA Training Institute Education Centers.

Additional information to help managers prevent slips and trips in the workplace can also be found on our website under accident prevention.

2. Respiratory Protection (29 CFR 1910.134)

The OSHA Respiratory Protection standard protects workers from hazardous airborne contaminants. Employers are mandated to do two things:

  • Establish and maintain a respiratory protection program
  • Provide workers with adequate respiratory protection

OSHA inspectors note that the biggest violations of this standard involve non-compliance especially as it regards:

  • Medical evaluations
  • Securing respiratory protection PPE
  • Fit testing
  • Developing a comprehensive respiratory protection program
  • Identifying respiratory workplace hazards

Need a bit of assistance? We’ve got a wide-range of resources to help with respiratory protection available online.

3. Ladders (29 CFR 1910.1053)

Many industries use ladders, from firefighting to construction. The OSHA Ladder Standard demands that employers make efforts to ensure that:

  • Workers use ladders safely
  •  Ladders are kept in good working condition
  • Faulty, old, and worn-out ladders are replaced

Failure to observe these requirements can lead to falls and various workplace injuries.

Violations of this ladder standard typically present themselves as:

  • Employees failing to use ladders in a manner deemed safe
  • Employees using broken or defective ladders
  •  Employees failing to correctly extend ladders to reach landing surfaces

Invest in our high-quality training courses, booklets, and posters and easily bring your teams up-to-date with the latest in ladder safety.

4. Hazard Communication (29 CFR 1910.1200)

The OSHA Hazard Communication standard deals with the necessity of transmitting information to employees about the chemicals they’re working with.

Employers are required to provide workers with knowledge of the chemicals they use, their hazardous nature, the correct way of handling them, and the potential detrimental health effects.

Most employers breach this standard by failing to:

  •  Implement a Hazards and Communication (HazCom) program
  • Train staff on hazardous substances
  • Create and maintain Safety Data Sheets

Fortunately, training staff on HazCom best practices just got easier thanks to our Hazard Communication resources. 

5. Scaffolding (29 CFR 1926.451)

Masons, framers, and roofing experts are just some of the people most at risk if the OSHA Scaffolding standard isn’t maintained. That’s because they tend to work with scaffolding the most.

Scaffolding, a common work platform seen across many construction sites, should be designed by a professional, erected as directed, and tested for safety prior to use.

Scaffolding is meant to provide a stable platform for workers to stand upon as they do their job, while also protecting them from falling over.

OSHA violations of this standard can be seen in the:

  • Failure of employers to provide guardrail systems
  • Failure to use cross-braces for stability
  • Failure to test planking/decking before use

Demonstrate your commitment to creating a safe and secure workplace with these scaffolding safety resources.

6. Fall Protection Training (29 CFR 1926.503)

The OSHA Fall Protection Training standard goes hand-in-hand with the Fall Protection standard, complementing it.

This training standard is engineered to teach workers about workplace dangers that could lead to falls and the manifold means of preventing them.

Employers are obligated, under this standard, to provide employees with fall protection training so workers know how to correctly use the fall protection systems.

With our Fall Protection Training resources, imparting knowledge on how to stay safe and prevent falls is now a seamless affair. 

7. Control of Hazardous Energy (lockout/tagout) (29 CFR 1910.147)

The goal of the OSHA Lockout/Tagout (LOTO) standard is the prevention of workplace accidents triggered by the unintentional startup of machinery.

In order to comply with this standard, employers must do the following two things:

  • Develop and implement a lockout/tagout program
  • Teach employees the correct techniques to control hazardous energy

This standard is most often violated when employees:

  • Fail to train workers in general LOTO procedures
  • Fail to establish energy control programs
  • Fail to carry out periodic workplace machinery inspections

Regular LOTO training goes a long way in mitigating machinery-related accidents. Ensure your workers receive quality Lockout/Tagout safety training thanks to our comprehensive resources.

8. Eye and Face Protection (29 CFR 1926.102)

Workplaces can become dangerous because of sparks, flying debris, and various hazardous materials. These often cause eye injuries, which is why the OSHA Eye and Face Protection standard was created.

It mandates employers to:

  • Furnish workers with necessary eye and face protection
  • Train employees how to correctly wear and use this PPE

For more information on how to protect employee’s eyes and faces on the job site visit our National Safety Compliance website eye safety page.

9. Powered Industrial Trucks (29 CFR 1910.178)

Industrial trucks are used across different industries and workplaces in the U.S. However, their use must be regulated and accompanied by training on safe workplace utility.

The OSHA Powered Industrial Trucks standard provides guidance on what safety precautions employers are meant to put in place to safeguard their employees. One requirement is to train workers on the proper operation of powered industrial trucks.

Prevent driving accidents and remind workers of safe driving practices with our driving safety posters, games, and video kits.

10. Machinery and Machine Guarding (29 CFR 1910.212)

With workplaces like manufacturing plants and industries that are powered by machinery, it was pivotal to develop a standard that related specifically to machinery. That’s where we get the OSHA Machinery and Machine Guarding standard.

This standard is designed to teach workers how to prevent injuries from moving parts while working.

Violations of this standard typically revolve around employers failing to train their employees about how to safely operate machinery and avoid being injured by moving machine parts.

Fostering a safe workplace begins with training and is preserved with educational posters like our Machine Safeguarding resources.

The Bottom Line

Employers and employees have an important role to play in preventing and reducing OSHA violations. Improving the workplace and making it safer and more secure is a team affair. A careful study of these standards and examination of your own current practices doesn’t just protect your workers and save lives, but it can lead to a more functional, effective, and profitable workplace altogether.

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Electronic Version of Labor Law Posters Now Required

New York now requires all employers to provide an electronic version of all mandatory labor law posters to their employees. Assembly Bill A7595 was signed by Governor Hochul of New York on December 16, 2022, and became effective immediately. While New York is the first state to require digital versions for all employees, it most likely will not be the last. Many states are likely to follow this trend. In fact, some states including New Jersey already allow certain of their required posters to be delivered electronically.

Labor laws play an important role in protecting employees. Both Federal and State laws mandate employer responsibilities to their employees. They are intended to protect both individuals and companies. The primary way employee rights and protections are communicated is through labor law posters which are required to be displayed in a clearly visible area within the workplace. These posters summarize important details of the laws intended to protect both employees and employers. The electronic versions of these posters do not replace the physical posters in the workplace, they are just one more way for employers to keep their employees informed of their rights.

Due to the recent shift to remote work for many employees, the typical workplace has seen significant changes. Many of those changes are here to stay. One seemingly permanent change includes the demand for offsite employees. With this increase of remote workers, the need for providing electronic versions of the required labor law posters must be addressed. Many businesses have already began providing electronic versions of required labor law posters to their remote employees and the next logical step is to provide digital copies to all employees.

Many companies realized the need for digital posters a couple of years ago and began asking questions about how best to meet the requirements for remote employees. The US Department of Labor Wage and Hour Division created a Field Assistance Bulletin to provide guidance regarding the posting of required notices electronically. Many of the regulations for labor law posters require the posting of a notice “at all times,” or require employers to “post and keep posted, ” such notices. In order for digital posters to meet this standard, employers must insure that employees have easy access to the electronic posting at all times. Employers can accomplish this through an electronic database and regular notifications. The DOL bulletin makes it clear that the employer must take steps to inform employees of where and how to access the notices electronically. The standard being that the electronic notice must be as effective as a hard copy posting.

The guidance further explained, where an employer has both on-site and remote employees, the employer may supplement the hard copy posting requirement with an electronic posting.  Employers should establish an easy-to-access location for these notices and inform workers where to find them. As physical labor law posters are updated for onsite workers, employers should also communicate any mandatory updates of notices on their electronic posting site.

The main way employee rights and protections are communicated is through labor law posters and now that so much of the workforce does their work remotely, it makes sense for posters to be readily available in a digital format to all employees. While New York is the first state to require employers to provide this to their employees it likely will not be the only state to do so, doubtlessly many others will see the benefits and follow suit.

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Keeping Up With Labor Law Changes Is Challenging

This has been a busy year for keeping up to date with labor laws. In addition to the run-of-the-mill minimum wage increases that happen fairly regularly, 2022 had an unusual number of new required postings. It is quite challenging to watch legislatures and stay in the know about new laws and updates to old laws that require employers to notify their employees of their rights and protections. It is especially difficult for businesses in multiple locations. At NSC we work hard to keep our labor law posters up to date so you don’t have to try to monitor them yourself.

This year, the Federal “EEO is the Law” poster had a major update that included a new title. It is now titled “Know Your Rights: Workplace Discrimination is Illegal.” This poster is prepared by the Equal Employment Opportunity Commission and summarizes the federal laws prohibiting job discrimination based on a long list of factors. The update clarifies what is included in sex discrimination, details that harassment is a form of discrimination, and gives information about equal pay discrimination for federal contractors. In addition, the new poster includes a QR code that links to the EEOC webpage for filing discrimination charges. This poster is also required to be posted by all federal contractors.

If it seems like there are more and more requirements to keep up with each year, it’s because there are! Along with the major update on the Federal level, several states have added brand new mandatory notices in 2022 and upcoming in 2023 to their labor law requirements. These new posters include everything from pregnancy accommodations and domestic violence resources to whistleblower protections and electronic monitoring notifications. Seizure first aid and paid sick and family leave are also among the new required postings.

States with New Required Posters

States from coast to coast have been energetic in updating their required notices in 2022. These changes vary from state to state; however, most of the updates coming in early 2023 are related to minimum wage but there are also a few paid leave updates coming soon.

States with Recent and Upcoming Labor Law Updates Include:

As you can easily see, the task of monitoring labor law posting requirements can easily become too much in addition to all the other responsibilities of running a business. You don’t have to do it alone, with our Poster Subscription Plan we offer an easy and affordable way to stay compliant throughout the year. Any time a mandatory change occurs to one of your plan-covered posters, we will ship you a free updated poster while your Poster Subscription Plan is active. Simply discard the old poster and display the new one. Purchase the Poster Subscription Plan option with your Labor Law poster purchase and leave the compliance to us.  In addition, the plan renews annually and we ship a new set of posters annually so you continue to stay in compliance. Simple. Easy. Compliant.

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2023 Labor Law Changes: Be Prepared

Fall has been a busy season for lawmakers and with that comes many changes to labor law posting requirements. It is essential for businesses to stay up to date on those changes. It can be challenging to continuously monitor the various government agencies that regulate labor laws. On top of the federal requirements, each state has its own mandated posters. Additionally, many businesses have locations in more than one state which creates additional challenges to keeping up with the latest laws and the implications of those laws.

As fall is quickly winding down and the new year seems just over the horizon, here at NSC, we are closely monitoring labor laws and posting updates that are on the way for 2023. While many states update the minimum wage requirement on January 1, those aren’t the only changes to come next year. As a matter of fact, some states will need to increase the expected minimum wage because of inflation. A few states have either new Paid Medical/Family Leave postings coming or an update to an existing Paid Leave poster.

States with labor law posting updates for 2023:

At National Safety Compliance we do the monitoring of labor law posting requirements for you so you can spend time doing other important things for your business. Make sure you are ready for the new year by pre-ordering 2023 posters today. The best choice is to choose our new subscription option. The subscription renews yearly, offering an easy solution to compliance with labor law. You’ll automatically receive a new, yearly set of posters, hassle-free. If there are any major, mandatory changes to the posters throughout that year, we will provide you complimentary updated copies with your subscription service.

As stated previously, this year there are a number of states that are expected to have a minimum wage increase that is larger than scheduled due to inflation. This is likely to require an update to some posters that were not anticipated to be updated this year. We are closely watching those developments. Along with minimum wage and paid family leave, in some states it is feasible to see changes to their whistleblower protections, personal protective equipment, child labor laws, pay equity, and discrimination notices.

States that are likely to have an update in 2023:

We work diligently to keep our Labor Law Posters updated with the most current federal and state-required postings.  You can see the most recent changes here to make sure your posters are up to date.

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Mid-Year Labor Law Changes

Labor law poster changes seem to appear overnight. As such, keeping up with labor laws can be intimidating. We are closely monitoring the changes so you don’t have to. 

Often, those changes are considered minor such as address changes, website address changes, department personnel changes, and changes in design. However other changes are considered major such as increases in minimum wages, newly enacted laws, and major changes to the text of existing laws.

 While January is the most common month for updates, many states update various laws throughout the year.  As a general rule changes to federal labor laws do not happen quite as frequently as those at the state level. Changes often occur midyear. As is typical, mid-year labor law poster changes this year vary from state to state.

Types of changes happening this year

Minimum wage increases are one of the more common updates both at the beginning of the year and also mid-year. This year is no exception as the District of Columbia, Hawaii, Nevada, Oregon, and New Jersey each have updated minimum wage and/or overtime laws.  

While the changes in Connecticut and Utah relate to health and unemployment insurance information. New Jersey’s Family Leave Act has been updated. In New Mexico, the Paid Sick Leave requirements have changed. Likewise, Louisiana’s Earned Income Credit rates have been updated. Illinois has reformatted employee rights under ISERRA. In addition to the updates already mentioned for Oregon changes for that state also include equal pay, breaks, meals, sexual harassment, domestic violence, sick time, and family leave.

Periodically states not only have mid-year updates but will also have new postings required. This year Virginia enacted a new required poster highlighting seizure first aid. Meanwhile, the new additional poster in New York is titled Prohibited Retaliatory Action by Employers.

Click on the state below to order updated posters 

Keeping up with changes in labor law requirements can often seem like one more thing to try to manage. In light of that, we are carefully monitoring changes and strive to keep you informed of major changes that affect your business.

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MID-YEAR LABOR LAW CHANGES

Keeping up with labor laws can be a daunting task. Changes seem to occur almost daily. And while this isn’t actually the case, it can sure feel that way. Changes to federal labor laws do not happen quite as frequent as those at the state level as a general rule. But in times of uncertainty, as we experienced with Covid in 2020, even federal labor laws can be enacted quickly as we saw with the passing of the CARES Act. The laws created by the CARES Act were of a temporary nature with many of the requirements ending in December of 2020. Most changes to labor laws are not temporary though. We find states often update various laws throughout the year. Some of those changes are considered minor such as address changes, website address changes, or department personnel changes. Other changes are considered major such as increases in minimum wages, newly enacted laws, and major changes to the text of an existing law.

Midyear often brings about many of those changes. The most common change is a state’s Minimum Wage. Although the Federal Minimum Wage has not increased since July 2009, many states, cities, and counties have a higher minimum wage. (Employers are required to pay workers the higher amount.)

The following states have mid-year minimum wage increases:

  • Connecticut: $13/hr. effective August 1, 2021
  • District of Columbia: $15.20/hr. effective July 1, 2021
  • Florida: $10/hr. effective September 30, 2021
  • Nevada: Minimum Wage and Daily Overtime Bulletin
    • For Employees offering qualified health insurance benefits: $8.75/hr. effective July 1, 2021. The daily overtime wage will increase to $13.125 per hour.
    • For Employers that do not offer qualified health insurance benefits: $9.75/hr. effective July 1, 2021. The daily overtime wage will increase to $14.625 per hour.

Additional changes to many state laws have also taken place and include:

California:

  • Safety and Health Protection on the Job: Address change

Florida:

  • Workers’ Comp Works for You: website change for reporting suspected insurance fraud online.

Illinois:

  • Your Rights Under Illinois Employment Laws: address change
  • Victims’ Economic Security and Safety Act: added victims of gender violence to protected groups.

Louisiana:

  • Earned Income Credit: 2021 income limits for earned income tax credit updated.

Missouri:

  • Fair Employment: Statutory purpose updated.

Oregon:

  • Paid Sick Time: Clarifies that paid sick time also covers bereavement, parental leave and leave to care for a child whose school is closed for a public health emergency.
  • Family Leave Act: Allows leave to take care for a child whose school is closed for public health emergency.
  • Equal Pay Act: Illegal for an employer to pay an employee less than someone else based on pay history.

Virginia: Email and phone number changes

  • Virginia Human Rights Act
  • Low Income Credit

To keep up with the most current changes to the federal labor laws as well as your state labor laws you can sign up for a free email update service. Simply click here to enroll: https://www.nsccompliance.net/llp-updates/

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Major Changes to 29 CFR 1910 General Industry & 29 CFR 1926 Construction in 2021

Published hard copies of CFR (Code of Federal Regulation) are useful to have in the field or on the floor. They work well as a quick reference to identify and cite potential OSHA violations or as a guide to spot areas where worker protections could be improved while crafting updated safety plans and avoiding costly fines.

A published CFR is only as useful as its contents remain relevant. Edits are made to the codification of rules in the Federal Register frequently. Some of the changes are small—clarifications, small tweaks to tables, editing for conciseness—but ultimately do not modify the rule in a significant way.

However, critical updates and major changes to rules do occur with relative frequency. If your print copy of 29 CFR 1910 or 20 CFR 1926 hasn’t been updated in a while, you may be missing crucial information.

We know that comparing everything that has changed can be a challenge. That’s why we’re here to make checking this round of CFR updates simple. This guide will cover and summarize only major changes from January 1, 2018, to December 31, 2020.

Changes to 29 CFR 1910 Occupational Health and Safety Standards for General Industry in 2018 – 2020

§1910.134 Respiratory protection

Several key changes were made to the Respiratory Protection Standard that applies not only to general industry but also shipyards, marine terminals, long shoring, and construction. These changes add new sections C.4 and C.5, as well as Appendix A on Fit Testing Procedures.

2021 additions to 29 CFR 1910.134 Respiratory Protection Standard include:

  • Updates to fit test exercises. Now, it is required for employers to perform fit tests for all methods listed in the appendix, except for the two modified ambient aerosol CNC quantitative fit testing protocol, CNP quantitative fit testing protocol and the CNP redon quantitative fit testing protocol. In regards to the two modified ambient aerosol CNC quantitative fit testing, they have their own exercises listed in Part I.C(4)b, Part I.C.5(b), or Part I.C.(6) for full or half-mask elastomeric respirators or for filtering facepiece respirators.
  • A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing Protocols for Full-Facepiece and Half-Mask Elastomeric Respirators is now included in Table A-1.
  •  A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing has been added to Table A-2.

§1910.1024 Beryllium

The beryllium standard for general industry was updated to better align the regulations with industry needs and the rules outlined in other beryllium standards like 1926.1124. The most recent updates are effective as of September 14, 2020.

Recent additions to 29 CFR 1910.1024 Beryllium Standard include:

  • Defines beryllium sensitization, an immune response found in people who have been exposed to airborne beryllium that can lead to CBD (chronic beryllium disease).
  • Updates the method of compliance to state more broadly “exposure” instead of “airborne exposure or dermal contact.”
  • Personal protective equipment must now be removed once the worker has completed their beryllium-related task, not at the end of their shift.
  • If employees have skin exposed to beryllium, they must wash the exposed skin at designated times.
  • Personal protective equipment must have beryllium cleaned off as much as possible before entering or using an area where workers will be eating or drinking

Changes to 29 CFR 1926 General Industry in 2018 – 2020

§1926.1427 Cranes and Derricks in Construction Operator Qualifications

This major change was released in two parts with the qualifications and certifications going into effect December 10, 2018, and amendments (a) and (f) on evaluation and documentation requirements went into effect on February 7, 2019.

Updates for 2021 to 29 CFR 1926.1427 Cranes and Derricks in Construction Operator Qualifications Standard include:

  • Crane certification is no longer by capacity, instead, it must be by type as defined by the accredited certifying organization.
  • Employers must have all operators certified under new rules by December 10, 2018, at the employers’ expense.
  • Certified operators must then be qualified on the equipment they use in their workplace, otherwise, they are considered an operator-in-training and cannot work without direct supervision from a qualified trainer.
  • A qualified person must be either an employee or an agent of the employer with the knowledge and experience necessary to direct in-training operators.
  • A qualified person must be in the field of vision and watch the operator-in-training closely.
  • Evaluations are conducted to ensure the operator can perform work safely on their assigned equipment.
  • Evaluations are conducted to ensure the operator has mastered all necessary knowledge, skills, and abilities to avert risks and safely perform work duties using their assigned equipment.

§1926.1124 Beryllium in Construction and Shipyards

The most recent changes to the rules for Beryllium in Construction went into effect on 9/30/2020, however, the standard has been updated several times since 2018, mostly for clarity and to better align with adjacent rules in 29 CFR 1910 General Industry.

Leading up to these rule changes, in 2017 OSHA published a rule about occupational exposure to beryllium and its compounds in the Federal Register that conclude it posed a significant risk to the health of workers with the potential to lead to lung disease or cancer when exposures went beyond permissible exposure limits (PELs). Contact with this material happens often in shipyards and during welding. The new rules set out to fit the needs of construction and shipyard workers specifically and align their standards to the general industry standards, as well as provide clarification.

Modifications to the 29 CFR 1926.1124 Beryllium in Construction and Shipyards Standard include:

  • Specified definition of Beryllium sensitization, which is an immune response in people exposed to beryllium. While it is often symptomless it is the first step to developing CBD (chronic beryllium disease).
  • Pulmonologists in CBD medical diagnostic centers are no longer required to be on-site, but simply on staff.
  • The written exposure control plan for beryllium now must contain a list of operations and job titles who are expected to work with beryllium, engineering controls, means of protection from exposure, a list of PPE (personal protective equipment) used, as well as procedures for restricting access during work exposures, procedures to contain exposure and procedures for cleanup.
  • Engineering rules have been simplified to state that engineers must be used by employers to reduce and maintain beryllium exposure below the TWA PEL and STEL unless provably unfeasible.
  • In-writing notification of airborne exposure of beryllium to housekeeping staff is no longer required. Instead, in any operation that could result in airborne dust, the workers must be provided with personal protective equipment if it will result in airborne exposure above TWA PEL or STEL levels.
  • When beryllium is disposed of or transported to another entity, written warnings are no longer required.
  • Physician evaluations at CBD diagnostic centers must include tests for pulmonary function, bronchoalveolar lavage (BAL), and transbronchial biopsy if deemed necessary.
  • Warning labels on containers contaminated with beryllium are no longer required.
  • Employees now are only required to be trained in beryllium safety if they are reasonably thought to have airborne exposure—skin exposure is now excluded.

§1926.1400 Scope

This standard was updated with the new paragraph (18) which clarifies that flash-butt welding trucks that are not equipped with hoisting devices are defined as roadway maintenance machines and are used for railroad track work, as defined in 49 CFR 214.7.

Benefits and features of CFR books

Government agencies like OSHA must remain nimble to continue to improve processes that protect workers’ health and safety while balancing the needs of employers. So, when it comes to construction and general industry, the Code of Federal Regulations are known to change frequently.

Published CFR books from National Safety Compliance can help you stay informed on industry changes, within your work floor, construction site, or office and keeping your employees safe. These current publications are also an excellent guide for developing or updating your facility’s safety plan.

Our publications are released often and are designed to be user-friendly, with additional features to help you answer questions quickly and effectively.

Annual Updates and Corrections

Every change made to the CFR in the past few years is included in the front of the book, even if it is a minor grammatical change. This will help you quickly identify any standards that may need a refresher, retraining, or trigger a safety plan update.

Most Frequently Cited Standards

Our CFR books contain the most frequently cited standards from OSHA from the previous year. This can help you see where your industry peers may have gaps in their safety plans and check the standards against your facility’s practices.

This information is found prior to the start of each subpart.

Letters of Interpretation

Letters of Interpretation are an excellent resource that you may not normally be aware of. These letters are responses from OSHA to public questions about important topics like terminology, interpretation, and enforcement of particular laws. If there are Letters of Interpretation available to help clarify a standard, we include an icon in our book so you know to look it up on osha.gov

Additional Parts of Title 29 & General Duty

We include additional parts of Title 29 outside of 1910 and 1926 that are relevant to our users, such as Inspections, Citations, and Proposed Penalties from 29 CFR 1903 and CFR 1904 Recording and Reporting Occupational Injuries and Illnesses.

Also included for quick reference is the General Duty clause, which is OSHA’s catch-all for hazardous or dangerous situations in a workplace. If there isn’t a specific standard the violation falls under, it goes under General Duty.

The 2021 Edition of 29 CFR 1910 General Industry and 29 CFR 1926 Construction books from National Safety Compliance are available in print or digital PDF formats. To ensure your facility is always in compliance, protect your workers, and avoid costly fines, make sure safety management, supervisors, and human resources directors have easy access to the right training, materials, and resources to protect your workers and business.

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New Year – New Labor Laws

Recently, we wrote about the most current minimum wage changes that took place this year. As of January 13, there have been 26 minimum wage changes across the U.S. Today, we will discuss some of the newest labor law changes that could affect your business. With these changes come changes to the required postings. To see a list of all the changes on a state-by-state basis visit Most Recent Labor Law Changes. In this article we will discuss just a few of the updates. You can sign-up to receive email updates regarding labor law changes and the accompanying required posting(s) on our Labor Law Poster Update Notifications page. Click on your state and enter your email address just above the subscribe button.

Many people have inquired about the Federal Families First Coronavirus Response Act that required certain employers to provide their employees with paid sick leave and expanded family and medical leave for specific reasons related to COVID-19. That posting was effective only thru December 31, 2021.  As of this writing, there has not been an extension to that law. (https://www.dol.gov/agencies/whd). Stay connected and we will keep you up to date of any new changes that may take affect.

Here is a summary of just a few of the state changes:

California: Senate Bill 1383 (Family Care & Medical Leave & Pregnancy Disability Leave; Your Rights and Obligations as a Pregnant Employee, Workplace Discrimination, Notice to Employees Paid Family Leave) (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1383)

Effective January 1, 2021, this bill expands the California Family Rights Act to include employers with 5 or more employees. It also expands the list of reasons for taking family or medical leave and includes taking leave to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. It requires an employer who employs both parents of a child to grant leave to each employee and make it an unlawful employment practice for any employer to refuse to grant a request by an employee to take up to 12 work-weeks of unpaid protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

Colorado: Healthy Families & Workplace Act (Colorado Workplace Public Health Rights Poster: Paid Leave, Whistleblowing & Protective Equipment)

Effective January 1, 2021, Colorado employers with more than 16 employees must provide one hour of paid sick leave for every 30 hours of work, up to a minimum of 48 hours. On the same posting, the Public Health Emergency Whistleblower Law (PHEW) details workers right to oppose Workplace Health/Safety violations during public health emergencies and gives workers’ rights to use their own Personal Protective Equipment. 

Florida: Human Trafficking Bill, Chapter 2019-152, Laws of Florida (Human Trafficking posting)

Healthcare professionals licensed by the following Boards: Acupuncture, Medicine, Osteopathic Medicine, Chiropractic Medicine, Podiatric Medicine, Optometry, Pharmacy, Dentistry, Nursing Home Administration, Occupational Therapy, Dietetics and Nutrition, Respiratory Care, Massage Therapy, and Physical Therapy must complete one hour of continuing education (CE) on human trafficking and post a sign about human trafficking in their office by January 1, 2021.

Maine: Earned Paid Employee Leave Law (Regulation of Employment)

An employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee’s base pay. An employee is entitled to earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment. Accrual of leave begins at the start of employment, but the employer is not required to permit use of the leave before the employee has been employed by that employer for 120 days during a one-year period.

Massachusetts: Paid Family and Medical Leave (Notice of Benefits)

On January 1, 2021, the Massachusetts Paid Family and Medical Leave Act (PFML) will begin providing benefits to eligible workers for qualifying reasons. Covered individuals may be entitled to up to 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work. They may be entitled to up to 12 weeks of paid family leave in a benefit year related to the birth, adoption, or foster care placement of a child, or because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces. Covered individuals may be entitled to up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.

Oregon: OAR 437-001-0744 (Oregon OSHA’s COVID-19 Temporary Standard for All Workplaces)

Oregon has released a Temporary COVID-19 Rule for all workplaces that is effective through May 4, 2021 unless it is revised or repealed before that date. The requirements include physical distancing, facial coverings, , workplace risk assessments and other pertinent information regarding notifying your employer and your right to notify your employer or Oregon OSHA about workplace hazards.

These are just a few of the state changes. State labor laws change throughout the year and no two states have the same requirements. It is important and (required by law) that employees are made aware of these various laws, bills, and acts. Employers must post the postings in their place of business where everyone has access to them and if there are remote workers, making them accessible to view online or by email. Labor law and the required workplace notices is an important issue and should not be ignored by any business.