The EHS Voice Year in Review: Top 5 Articles of 2016

January 6th, 2017 by Dakota Software Staff Industry News

2016 was a year full of change for EHS professionals. Theelectionof Donald Trump as U.S. president indicated major shifts in policy for regulators like the Occupational Safety and Health Commission and the Environmental Protection Agency. There were also plenty of additions, changes and major revisions in terms of new and existing regulations unrelated to the presidential election. Let's review Dakota Software's five biggest stories of 2016 and consider how they might continue to have an impact this year:

1. The Trump administration's potential impact on the EPA, OSHA and EHS managers
Politics aside, a transition from a two-term president of one major party to a newly elected one from the other is bound to have a serious influence on a variety of federal government programs, offices, departments and initiatives. More specifically, President Obama's eight-year tenure saw strong support for organizations like the EPA and the development of federal environmental regulations and international agreements that affect a number of businesses. Trump can also lean on majority Republican control in Congress for at least two years, meaning potential changes are easier to push through than they were for Obama.

Regarding the EPA and environmental regulations, Trump has stated his strong opposition to the Clean Power Plan and a number of other rules - especially those related to the oil and natural gas industries. He also wants to back out of the Paris Agreement on climate change. That could mean a significantly different regulatory picture in the coming years. In terms of OSHA and health and safety rules, the intent isn't as clear. However, it's possible that the recent, major increases to OSHA's fine schedule could be repealed. Additionally, the administration may emphasize compliance assistance more and engage in less enforcement.

2. OSHA makes first major update to recommended safety guidelines nearly 3 decades
The period between OSHA issuing the last two significant revisions to its optional guidelines was 27 years, enough time for plenty of major changes and developments in the working world. One difference in the safety guidelines emblematic of that change is the information's native organization as a website instead of a physical document.

Theupdatestake on a number of issues that have arisen since 1989, including providing employer guidance for safely working with an increasing number of mobile employees who don't have a fixed home base out of which they operate. There were also additions related to the effects of regular computer use on staff members and associated sedentary work lifestyles, including an increased potential for musculoskeletal diseases. Casual employment and the growing gig economy - the type of jobs commonly seen through car services like Uber, for example, - are also discussed. While none of the suggestions shared are mandatory, they point EHS professionals toward issues OSHA feels are especially important to address.

3. OSHA to require electronic reporting of workplace injuries and illnesses
Moving to an electronic reporting system means more efficiency on OSHA's end when it comes to receiving, reviewing and processing logs of work-related accidents and incidents that meet the reporting threshold. OSHA also wants to make injury and illness information publicly available online, for reasons that range from discouraging poor health and safety records through increased visibility to allowing others to search through the information for trends and indicators.

For employers that qualify as part of the electronic reporting initiative, the switch means a new way of providing injury and illness data. More than 450,000 businesses will be affected, all of them either very large organizations or midsize ones involved in high-risk industries. The new rules come into play in July 2017, meaning businesses have about six months to prepare.

4. OSHA's guidance on incentive plans draws mixed reaction
OSHA's decision to change its stance toward many forms of safety incentive programs as part of the update to its Safety and Health Program Management Guidelines is a major shift. While it doesn't yet have an impact in terms of regulatory violations or fines, the statements made by OSHA clearly show how the federal agency feels about many types of such programs. The agency first took a stance on the issue in 2012 and may be working toward eventually creating regulations that involve penalties and fines for operating incentive programs.

The basis of OSHA's position againstthese workersafety plans is the belief that they can discourage reporting of illnesses and injuries by employees. For example, if a staff member knows a major milestone in a safety program is approaching, he or she may choose to not report an incident despite its legitimacy, for fear of losing out on the incentive the initiative provides. Programs that don't have the potential to discourage reporting but provide incentives aren't seen in the same light by OSHA. Examples of these programs include rewards based on tracking and reporting of near-miss incidents and worksite safety audits.

5. Major, sweeping TSCA reform first in 40 years
An update to the Toxic Substances Control Act was a long time coming - the regulation sat unchanged for 40 years following its introduction in 1976. One indication of broad lawmaker support for the issue is the substantial number of votes from both sides of the aisle in Congress. That demonstrates a widespread belief that TSCA reform was a necessary action. Similarly, a number of businesses and environmental groups that frequently clash on other issues were both aligned on the importance of improving the legislation. The long timeline for compliance with the new elements of the Act, as long as 5 years for companies to adapt to new rules issued by the EPA, make this more of a long-term consideration.

In conclusion
2016 was a big year in the regulatory world. A major governmental change will shake up regulatory bodies going into 2017, and plenty of major rules and guidance changes by OSHA require extra attention to deadlines for compliance and transition periods. With new leaders taking positions at the EPA and OSHA, the new year may offer more of the same.