b'YOUR TOOLKIT FOR BUILDING EXCELLENCEACCIDENT INVESTIGATIONS - PART TWOIn the last issue of the NFBA Magazine, I talked about accident investigations and promised a Part II on that topic. However, some timely information needs to be shared with the NFBA Membership. So, I am going to take this opportunity to provide you with pertinent information after attending an OSHA American Bar Association OSHA/MSHA Law Conference this spring. BY Gary AumanNFBA Legal CounselF irst, President Biden signed the federalfrom repeating itself. He spoke governments FY 2022 budget on Marchabout the March 7th announcement 15, 2021. This budget funds the federalthat OSHA would focus its efforts governmentfromOctober1,2021,throughand resources addressing hospitals September 30, 2022. As I reported last year, theand nursing care facilities that treat COVID-19 President asked Congress for an increase in thepatients. While this is the current enforcement OSHA budget of $52.6 million. Congress approvedplan, it appears that OSHA is moving forward that request, and the President signed a budgetto develop, as Mr. Parker stated, an infectious representing an increase to OSHA of $20 million.disease standard. I feel that this may indicate Of the $20 million, OSHA will use nearly $7.3that this new standard may be broader than million for increased enforcement. I dont thinkthe withdrawn ETS (Emergency Temporary I need to tell you that the increase in enforcementStandard) for COVID-19. will most likely mean an increase in the number ofAnother speaker was Kimberly Stille, Director compliance officers. Therefore, this will probablyof the Directorate of Enforcement of OSHA, as result in more OSHA enforcement inspections.well as Dionne Williams, the Deputy Director of I know that all of our members treat safety as aEnforcement of OSHA. They spoke about OSHA very important part of their business; but now youenforcement initiatives for 2022. They indicated must also be aware of the increased likelihood ofthat OSHA would continue to use the General an enforcement inspection. As business owners,Duty Clause to cite employers for COVID-19 you need to pay a lot of attention to the details,hazards. They also indicated that they intend to especially in your safety programs, your trainingfocus on heat-related hazards. Although we know programs, and your safety record keeping methods. that OSHA is developing a heat illness protection The American Bar Association OSHA/MSHAstandard,OSHAisstillintheinformation Law Conference was held the week of March 9,gathering phase of the standards development. 2022. Douglas L. Parker, Assistant Secretary ofHeat illness prevention was discussed on the Labor for Occupational Safety and Health, spokesecond day of the conference and the discussion on the first day of the conference. Mr. Parkerdid not offer any predictions on when a rule reported that he feels OSHA plays a big role inwill be proposed. The speakers on the second the Biden Administrations initiatives to provideday did state that when a rule is proposed that good and safe jobs for workers. He told theit will address heat illness in both construction attendees that OSHA will work towards a broaderand general industry. infectious disease standard to prevent historyApparently at this time, OSHA is considering continued on page: 24 FRAME BUILDER - MAY2022 / 23'