In response to significant employment growth and elevated injury and illness rates in the warehousing and distribution center industry, the Occupational Safety and Health Administration (OSHA) introduced a national emphasis program (NEP) aimed at enhancing safety within this sector. The program also extends its scope to certain high-risk retail establishments.
With substantial employment growth in the warehousing and distribution center industry from 2011 to 2021, OSHA highlights the concerning trend of higher nonfatal occupational injuries and illnesses, as well as Days Away Restricted or Transferred (DART) rates, compared to baseline private general industry rates.
Key Highlights of the NEP:
- Targeted Focus: OSHA’s NEP is designed to address the root causes of worker injuries and promote health and safety within the industry. The program will also target specific “high injury rate retail establishments.”
- Educational Outreach: The first ninety days following the program’s publication will be dedicated to outreach and education efforts. After this period, inspection activities will commence.
- Duration: The NEP is set to expire three years after its effective date, starting on July 13, 2023.
The NEP is a comprehensive nationwide program, distinct from previous regional emphasis programs (REP) in OSHA’s Regions 2 and 3. These REPs were limited to specific areas, while the NEP provides a more extensive and uniform approach. Consequently, employers within the covered industry sectors can anticipate increased enforcement activities.
Injury and illness rates in warehousing and distribution centers, mail/postal processing and distribution centers, parcel delivery/courier services, and “high injury rate retail establishments” are notably higher than those in other sectors, according to Bureau of Labor Statistics (BLS) data. “High injury rate retail establishments” encompass various NAICS codes, including home centers, hardware stores, other building material dealers, supermarkets, and warehouse clubs.
The NEP will focus on inspections that address common industry hazards, such as powered industrial vehicle operations, material handling and storage practices, walking-working surfaces, means of egress, and fire protection. Additionally, heat and ergonomic hazards will be considered during these inspections. Inspections of high-injury-rate retail establishments will concentrate on loading and storage areas, with the potential for expansion if violations are found elsewhere within these establishments.
OSHA’s national office will compile lists of establishments for area offices to inspect. These area offices can choose to inspect all the identified establishments or select a subset, provided they inspect the subset in the specified order. The precise criteria for list generation and prioritization remain unclear, but it is likely tied to injury and illness rates. Notably, the NEP inspections will not cover deliveries to residences or businesses.
There is an overlap between this NEP and the NEP addressing outdoor and indoor heat-related hazards. Inspections under both programs may occur concurrently. Ergonomic hazards will be assessed through a review of operations and an examination of the employer’s injury and illness records. If ergonomic hazards are identified, a health inspection will be conducted alongside the safety inspection.
Employers in the designated industries should prepare for increased inspections and potential citations and penalties as a result of the NEP. During the ninety-day outreach period, employers are encouraged to review their safety and health programs, educate safety personnel and managers on proper procedures in case of OSHA inspections, and take proactive measures to enhance workplace safety.
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