OSHA Offices in Colorado Implement New Local Emphasis Program for the Cannabis Industry

Husch Blackwell LLP
Contact

The LEP, which will remain in effect through July 18, 2029, pointed to “[a]ctivities such as extraction and production of concentrates involve the use of flammable liquids and have resulted in serious injuries to employees from burns and explosions. Other hazards such as electrical issues, exposure to hazardous chemicals and unguarded machinery are also prevalent.” The LEP is focused on facilities with cannabis or hemp processing, growing, cultivating, and product manufacturing. 

At least 90 days prior to commencing inspection activities under the LEP, OSHA will be offering industry outreach efforts such as training sessions and distribution of electronic information via newsletters. Stakeholders can expect programmed inspections and review of various activities, such as evaluations of records, working conditions, and other safety and health programs.

OSHA Standards That Should be on Your Radar

Businesses who fall into the ambit of the LEP should focus on compliance. As part of OSHA’s announcement for its LEP, it identified the most common citations issued based on 44 inspections that occurred over the last 7 years at facilities within this industry.

Standard Cited Number of Inspections Cited (% of 44 inspections)
Hazard Communications (29 C.F.R. § 1910.1200) 29 (66%)
Respiratory Protection (29 C.F.R. § 1910.134) 18 (41%)
Personal Protective Equipment (Excluding RP) 9 (20%)
Flammable Liquids (29 C.F.R. § 1910.106) 8 (18%)
Electrical Hazards/Classified Locations (29 C.F.R. § 1910.307) 7 (16%)
Machine Guarding/LOTO (29 C.F.R. §§ 1910.212; 1910.147) 6 (14%)
Fall Protection and Walking/Working Surfaces (29 C.F.R. §§ 1910.28; 1910.22) 4 (9%)

Facilities affected by this LEP should review the standards listed above and ensure compliance with these standards. Affected facilities should also do a safety walk-through of their facility to ensure there are no other safety hazards. Should an OSHA compliance officer arrive at your site, have an opening meeting with the officer to discuss the scope of the inspection. While you have the right to ask for a warrant before the inspection, we have found that meeting with the inspector and coming to an agreement on the scope of the inspection is a more productive start to the inspection process.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Husch Blackwell LLP

Written by:

Husch Blackwell LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Husch Blackwell LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide