New York City recently enacted a local law to address growing mental health concerns within the construction industry, reflecting increased attention on suicide prevention and substance abuse. The new law amends the New York City Building Code to broaden required site safety training (SST) to include mental health and wellness, suicide risk and prevention, and alcohol and substance misuse.

Under the Building Code, SST cards are required for most workers and supervisors on certain construction and demolition sites that require a Site Safety Plan or Site Safety Professional. The new law modifies the definitions of SST cards and SST supervisor cards, requiring applicants and renewing cardholders to successfully complete two SST credits focused on mental health-related subjects. These requirements supplement existing training obligations, such as OSHA courses, fall protection training, and other approved SST credits.

The legislation also introduces greater flexibility for card renewals. SST cards and SST supervisor cards may now be renewed up to one year after expiration, provided the required SST credits are completed within the year before expiration and before submitting the renewal application.

The City Council passed the bill in December 2025, and it became law on January 3, 2026, under the New York City Charter after the Mayor neither signed nor vetoed it within the prescribed timeframe. The law takes effect 120 days after enactment, giving covered employers and workers a limited window to comply. Employers may wish to review training protocols and confirm that approved SST providers offer qualifying mental health courses. Failure to comply may result in enforcement actions or civil penalties under the Building Code.

For questions about New York City’s updated SST requirements and their impact on your organization, contact a Jackson Lewis attorney.

Recent confirmations at the Department of Labor (DOL) mark a new phase for federal workplace safety and health oversight. With David Keeling now leading the Occupational Safety and Health Administration (OSHA) and Wayne Palmer heading the Mine Safety and Health Administration (MSHA), both agencies are expected to adjust their regulatory and enforcement priorities. Employers should anticipate potential shifts in compliance expectations and reporting obligations as these leadership transitions take effect.

Keeling, recently confirmed as Assistant Secretary of Labor for OSHA, has nearly four decades of experience in workplace safety. Starting his career as a package handler at UPS, he rose through various safety leadership roles. He went on to serve as Director of Road and Transportation Safety at Amazon, which provided him with insight into safety considerations in high-risk, high-volume workplace environments. Keeling has received industry and labor recognition for his work in safety, with public statements of support from the Coalition for Workplace Safety and the Teamsters.

Under Keeling’s leadership, OSHA is expected to shift toward deregulation and tailored compliance burdens for employers. Anticipated changes include potentially rolling back electronic injury reporting requirements, ending the public release of workplace injury data, and possibly scrapping or revising the proposed national heat illness prevention standard, which critics say is overly rigid for the sheer scope of workplaces it seeks to regulate.

The controversial “Union Walkaround Rule,” which allows third-party representatives to accompany OSHA inspectors during workplace inspections, is likely to be curtailed or rescinded. OSHA may continue and expand penalty reductions for small businesses and those with strong safety records, reduce reporting requirements for musculoskeletal disorders, and streamline enforcement to prioritize high-risk industries while easing oversight for lower-risk sectors. As federal regulations evolve, state-level safety rules are expected to become increasingly significant, especially in states with their own OSHA plans.

Palmer, the newly confirmed Assistant Secretary of Labor for MSHA, has a background in both government and industry. He previously served on the Trump administration’s transition team at the DOL, was executive vice president of the Essential Minerals Association, and held senior roles within MSHA during the prior administration. Palmer also has experience as a congressional staffer, giving him perspective on regulatory and legislative processes affecting the mining industry.

While MSHA’s statutory inspection and enforcement mandates will likely remain in place under Palmer, his leadership is expected to bring a deregulatory focus. Palmer may seek to streamline agency operations, modify or eliminate outdated standards, and limit the authority of District Managers in plan approvals. However, MSHA is legally constrained from weakening existing safety standards under Section 101(a)(9) of the Mine Act. The fate of the Biden-era silica rule, currently stayed in court, remains uncertain; MSHA is not expected to defend the rule vigorously and may continue to draw attention from both industry and labor stakeholders.

Employers should continue to monitor OSHA and MSHA developments closely, as adjustments in enforcement priorities and regulatory approaches may influence compliance strategies. State-level programs and ongoing statutory requirements will remain key considerations for maintaining workplace safety compliance.

If you have questions about how these developments may affect your organization, please contact a Jackson Lewis attorney for more information.

As temperatures rise and wildfire season intensifies across the Pacific Northwest, Washington State employers must remain alert – for the safety of their workforce and to follow state law. The Washington State Department of Labor & Industries (L&I) has adopted specific rules that require businesses to protect employees from the dual hazards of heat-related illnesses and wildfire smoke exposure. The regulations require proactive planning and diligent implementation, especially throughout the summer months.

Washington State Department of Labor and Industries’ (L&I) general industry heat exposure standards apply year round to all employers with employees who work outdoors.  The regulations specify temperature action levels depending upon clothing type, 52°F for non-breathable clothing and 80°F for all other clothing. Employers are required to incorporate outdoor heat exposure safety protocols into their accident prevention programs and ensure that both employees and supervisors receive annual training.

In addition, employers need to take active steps to safeguard workers, such as providing sufficient, cool drinking water that is readily available to outdoor workers, ensuring adequate shade or alternative cooling methods, and providing preventative cool-down rest breaks. Closely monitoring employee acclimatization and signs of heat-related illness is critical, so employers must also maintain effective communication between supervisors and employees at worksites to report symptoms and seek medical help. Employers are required to implement emergency procedures for responding to symptoms of heat-related illness, as well.

L&I’s wildfire smoke regulations apply broadly to most workplaces with limited exceptions, such as enclosed buildings where windows, doors, and other exterior openings are kept closed or vehicles equipped with proper filtration systems.  Before any work begins in hazardous air quality conditions, employers must incorporate a wildfire smoke response plan into their written prevention program. This includes mandatory employee training on wildfire smoke-related risks and procedures.

Covered employers must actively monitor and identify harmful wildfire smoke exposure and implement a two-way communication system that keeps employees informed about current air quality conditions and available protective measures. Employees may report deteriorating air quality conditions or symptoms of smoke exposure without fear of retaliation. The state regulations outline air quality measurement and calculation guidance for employers who must provide all employees “with information and training regarding wildfire smoke before work exposes” the employee to the threshold fine particulate matter (PM2.5) concentration level, and annual training thereafter.

When air quality reaches certain PM2.5 thresholds, as outlined in the rules, employers must escalate their protective measures. These may include providing access to enclosed spaces or air-filtered vehicles, supplying portable high-efficiency particulate air (HEPA) filters for enclosed areas, relocating work, modifying schedules, increasing rest breaks, reducing work intensity, and distributing respiratory protection at no cost to exposed employees.

Additionally, employers must respond appropriately to wildfire smoke exposure symptoms and ensure workers exhibiting symptoms seek medical attention without penalty.

If you have questions about Washington State’s heat illness and wildfire smoke regulations or need assistance with developing your organization’s prevention plan, please contact a Jackson Lewis attorney.

The Occupational Safety and Health Administration (OSHA) has issued its 2025 update to the National Emphasis Program on Amputations in Manufacturing Industries (Amputations NEP), renewing the program and introducing several notable changes for employers. The directive aims to refine enforcement criteria and focuses on higher-risk workplaces.

The directive, effective June 27, 2025, and set to remain in effect for five years, continues OSHA’s mission to “identify and reduce or eliminate amputation hazards” in manufacturing and industrial settings. It emphasizes the dangers posed by inadequately guarded or poorly maintained machinery and outlines revised inspection protocols, exclusions, and targeting methodologies.

In a key update, establishments that had an Amputations NEP inspection within the previous 24 months, with no reported amputations during that period, may now be deleted from the programmed inspection list. In addition, unprogrammed inspections, such as those triggered by complaints or referrals, can only be expanded under this NEP if the establishment’s North American Industry Classification System (NAICS) code is listed in the updated Appendix B of the Amputations NEP.

Another significant exclusion is for establishments with 10 or fewer employees whose primary NAICS code appears on the “Low-Hazard Industry Table” of the Appropriations Act Directive. Such businesses are not subject to inspections under this NEP, further narrowing OSHA’s attention to larger high-risk industries.

Further, establishments participating in OSHA’s Voluntary Protection Programs (VPP) are removed from the NEP’s programmed inspection list for the duration of their approved participation. Those applying for VPP must be removed from inspection lists no more than 75 days before their scheduled onsite review begins.

The methodology for targeting industries has also been overhauled, which can be found in Appendix A of the Amputations NEP. OSHA now uses its recent Information Systems (OIS) data from 2019 to 2023, in addition to a three-category approach that focuses on industries with high OIS inspection numbers, high BLS amputation numbers, and higher employer-reported amputations. This process resulted in a revised list of NAICS codes, adding industries, such as automobile manufacturing and oilseed processing, and removing others based on updated risk assessments.

The directive also includes updated OIS coding instructions and mandates a 90-day outreach period for newly targeted industries. State Plans must adopt enforcement policies and procedures that are at least as effective as the federal directive and comply with the implementation timeline outlined in the Amputations NEP.

If you have questions about how OSHA’s updated Amputations NEP may affect your organization, or if you need assistance preparing for inspections, contact a Jackson Lewis attorney for guidance.

Tomorrow (July 1, 2025), OSHA and MSHA will publish over 30 proposed rules, many of which request public comment, in the Federal Register. Included in OSHA’s slate of proposed rules is a Rescission of Coordinated Enforcement Regulations, and a proposed clarification of its Interpretation of the General Duty Clause. 

Jackson Lewis is monitoring these developments and will follow up with more details as soon as possible. In the meantime, please contact your Jackson Lewis attorney with any questions or if you would like to discuss these proposed rules.

Monday, June 16, 2025, marked the first day of informal public hearings on the Occupational Safety and Health Administration’s (OSHA) proposed rule aimed at preventing heat-related injuries and illnesses in both outdoor and indoor work environments. With rising temperatures posing increased risks to worker health and safety, this rule would establish the first national standard specifically for heat hazard protection.

With an initial heat trigger at 80 degrees and additional control measures at 90 degrees, OSHA’s proposed regulations would significantly increase employer compliance obligations, requiring businesses to develop comprehensive plans to evaluate and manage heat risks. This includes identifying hazards, implementing engineering and administrative controls, and providing employee training. Preventative measures, for example, would require employers to create acclimatization procedures and provide water, rest breaks, cooling areas, and shade. Failure to comply could lead to citations and enforcement actions. While there is currently no federal standard addressing heat, many state plan states already have their own specific regulations targeting heat. A patchwork system of regulations and enforcement can make it difficult for large employers to operate across jurisdictions.

The public hearings have so far featured public testimony from employee advocates, industry safety experts, and business interest groups, such as the U.S. Chamber of Commerce. Worker advocacy groups generally supported the proposed standards, calling them “critically overdue,” but they also expressed a need for stronger measures in areas like recordkeeping and anti-retaliation protections. On the other hand, business representatives argued for a more flexible, performance-oriented approach, rather than a strict checklist. Voicing concerns about the proposed rule, business proponents argued that the rule does not account for factors like geographic location and employers’ unique operational needs.

The future of OSHA’s proposed heat safety standard is uncertain. As OSHA initiated the formal rulemaking process during the Biden administration, at least one business representative expressed surprise that these proceedings remained on the docket, given the current administration’s focus on deregulation.

OSHA’s hearings on this topic are currently scheduled through July 2, 2025. Attorneys at Jackson Lewis are monitoring the process for important updates. If you have questions about the proposed rule and its potential impact on your organization, contact a Jackson Lewis attorney for guidance.

California legislators have introduced a new bill aimed at regulating the expanding role of artificial intelligence (AI) in the workplace. While the proposed law is designed to safeguard employees, it has sparked concern about the potential effects on operational efficiency and innovation, including workplace safety. Read what this may mean for California employers.

On May 5, 2025, the California Department of Industrial Relations made an important announcement that affects employers in the construction industry. Cal/OSHA has clarified lead exposure prevention guidance specific to protecting workers conducting dry abrasive blasting while performing construction work.

California’s recently amended lead standards for the construction industry went into effect on January 1, 2025 (California Code of Regulations, title 8, section 1532.1) as part of a broader effort to provide greater protection for workers from the health effects tied to lead exposure. These requirements, which are generally more protective than existing federal regulations, emphasize an increase in the use of protective measures, including substitution, engineering controls, and administrative controls.

According to Cal/OSHA’s guidance, employers must assess their workers’ exposure to lead when conducting abrasive blasting. Until the employer completes the assessment, dry abrasive blasting is currently limited to five hours a day, dropping to two hours per day in 2030. After completing the assessment, there is no time limit, but exposure must stay below the permissible regulatory limit of 25 micrograms per cubic meter of air. Beginning January 1, 2030, this limit drops to 10 micrograms.

Cal/OSHA directs employers to Table 1 of section 5144 to determine respirator protection factors. Using respirators can help manage lead exposure, but they must be used correctly to be effective. If you have questions about Cal/OSHA’s guidance and how it could affect your organization, contact a Jackson Lewis attorney to discuss.

Starting July 1, 2025, healthcare employers in Virginia will need to implement comprehensive workplace violence prevention plans or reporting systems. This new mandate requires employers to document, track, and analyze incidents of workplace violence, maintaining records for at least two years.

On March 24, 2025, Governor Glenn Youngkin signed into law House Bill 2269 and Senate Bill 162, which introduce these new reporting requirements. The legislation aims to enhance the safety of healthcare workers through measures such as continuing education, de-escalation training, risk identification, and violence prevention planning. These bills amend Section 31.1-127 of the Code of Virginia. Read more.

The California Occupational Safety and Health Standards Board (OSHSB) is considering the formation of a subcommittee to tackle challenges arising from the dismantling of the National Institute for Occupational Safety and Health (NIOSH).

During the OSHSB meeting on April 17, 2025, board members discussed reports of significant layoffs within NIOSH due to federal government budget cuts. These cuts would “eliminate 92% of the NIOSH’s workforce,” effectively leading to a shutdown of the agency. Earlier this month, NIOSH was hit with even more layoffs.

NIOSH conducts occupational safety and health research, recommends safety standards, and provides training and educational resources. The near elimination of NIOSH is expected to disrupt these essential services and create a gap, particularly affecting the certification of personal protective equipment (PPE). Federal regulations require the use of NIOSH-approved respirators and mandate certain comprehensive respiratory protection programs.

Without NIOSH certification, California faces challenges in protecting workers, especially in high-risk industries such as fire protection, healthcare, and mining. The absence of a certifying body could impede the development and sale of new respiratory protection technologies, which the OSHSB is concerned would pose significant risks to worker safety. The board expressed urgency regarding potential risks to firefighters’ health and safety, given recent wildfire and urban interface fires within the state.

The proposed subcommittee would explore NIOSH’s overall functions and consider alternatives, including potential legislation, partnerships with other states, and leveraging existing expertise in the field. The subcommittee would also investigate the current situation in Washington D.C., assess the impact on California workers, and evaluate actions the state or OSHSB can take to mitigate these issues. The OSHSB plans to continue these discussions with Cal/OSHA during its upcoming meeting in Redding.

If you have questions about the proposed subcommittee or the potential implications of these developments, contact a Jackson Lewis attorney to discuss.