b'Walking/working surfaces; Means of egress;Fire protection; and Heat and ergonomic hazardOSHA plans to target establishments for a programmed inspection by using neutral and objective selection criteria. Area Offices will be provided two (2) separate lists to be inspected under OSHAs NEW NATIONAL EMPHASISthis NEP: (1) a list of establishments taken from PROGRAM DIRECTED TOcertain NAICS codes; and (2) a list of high-rate retail establishments. WAREHOUSING AND DISTRIBUTION CENTER OPERATIONSOSHA will also conduct unprogrammed inspections By Lindsey Deck, Auman Mahan & Furrybased on fatalities/catastrophes, complaints, or referrals related to establishments in the NAICS This emphasis program allows OSHA to directcodes covered under this NEP. resources to establishments where evidence shows employers must be more intentional in addressing theOSHA state plans will be required to adopt this NEP root causes of worker injuries and align their businessor establish a different program at least as effective as practices with the goal to ensure worker health andthe federal model within sixty (60) days of the safety. effective date (July 13, 2023).~ Doug Parker, Assistant Secretary for OccupationalEmployers covered by this NEP should be aware of Safety and Healththe new initiative and should be prepared for an inspection, keeping in mind most of these inspections The Occupational Safety and Healthwill be comprehensive in nature, with the exception Administration (OSHA) recently issued a newof high-injury rate retail establishments. However, National Emphasis Program (NEP), this one directedemployers should also be aware that OSHA may toward warehousing and distribution center operations.expand the scope of a partial inspection after finding The NEP was issued after the Bureau of Laborevidence that violative conditions may be found in Statistics history showed that injury and illness ratesother areas of that high-injury rate retail for these particular establishments are significantlyestablishment. Finally, employers should know that if higher than for other establishments. The three (3) yearany heat and/or ergonomic hazards are found during NEP, which became effective on July 13, 2023,an inspection under this NEP, OSHA will conduct a provides policies and procedures for inspections ofhealth inspection of the establishment. warehousing and distribution center operations, mail/postal processing and distribution centers, parcelIn addition, employers should be aware that even if delivery/courier services, and certain high-injury ratethey are not included in the subject NAICS codes retail establishments. All inspections conducted underlisted above, employers that maintain a warehouse as this NEP, except for high-injury rate retailpart of their business can use this NEP as insight into establishments, will be comprehensive safetyareas an OSHA compliance officer may be interested inspections. In the case of high-injury rate retailin inspecting during a compliance inspection establishments, inspections will be partial inspectionsconducted under a different NEP, or as part of an unless OSHA expands the scope, after findinginspection following an employee complaint or evidence that violative conditions may be found inreportable injury or illness.other areas of that establishment. Questions regarding this NEP?NFBA Members can OSHAs focus for this NEP will focus onuse their NFBA Legal Services Plan to contact Gary workplace hazards common to the above listedAuman at 937-223-6003.industries and may include, but are not limited to, the A health inspection shall be conducted if OSHA learns that heat and/or ergonomic hazards following:are present Powered industrial vehicle operations;491110-Postal Service (Processing & Distribution Centers Only); 492110 (Couriers and Express Delivery Services); 492210 (Local Messengers and Local Delivery); 493110 Material handling/storage;(General Warehousing and Storage; 493120 (Refrigerated Warehousing and Storage); 493130 (Farm Product Warehousing and Storage); and 493190 (Other Warehousing and Storage) 444110 (Home Centers); 444130 (Hardware Stores); 444190 (Other Building Material Dealers); 445110 (Supermarkets and other grocery stores); 452311 (Warehouse Clubs and Supercenters) 19'