Sunday, May 31, 2026
OSHA News May 2026
OSHA News for June 2026
Hello everyone,
It was a busy month with customized training and grant training. I told some time off to take training and was always good to learn more about what works like HOP. One world class company showed me their 100 SOP videos and numerous video Tool Box Talks. Add in JSA and audit and it explains why they are world class.
One of the giants in PSM passed away, Mark Kasniak. He was a funny guy and knew the PSM thoroughly. See OSHA #2.
The Westmont litigation could change IL Worker Comp. See Other #1.
The cost of an OSHA case pales next to top civil litigation cases. Even though safety professionals are not lawyers, I learned about interrogatories, requests for production, expert witness reports from the best while in OSHA. Dick Fiore, Leonard Borden, Susan Witz, Allen Bean, Rafael Alvarez, Steven Yohay, Mark Lies, Dennis Morikawa, Kevin Koplin. If you have an opportunity to get involved, embrace the process vs. thinking it their legal job.
Stephen Hester - My question: Why are we, as an industry, pushing the envelope in terms of how much incident energy we’re willing to expose workers to before we decide to look for a better way?
What’s next? 200 cal? 500 cal? 1000?
Regional Administrator Bill Donovan retires June 16, 2026. Bill was great to work with in OSHA. Bad Cases make Bad Case law is the quote that I remember the most.
This month is a silica ppt. I find my self-teaching silica every month.
257 people have told me they passed their BCSP Certification this year. June is a good to refresh the Heat Stress Training.
John
OSHA News Update
1) Top 2025 cited category.
1. Fall Protection – General Requirements (1926.501): 6,992 violations
2. Hazard Communication (1910.1200): 3,010
3. Ladders (1926.1053): 2,842
4. Lockout/Tagout (1910.147): 2,562
5. Respiratory Protection (1910.134): 2,294
6. Scaffolding (1926.451): 2,286
7. Fall Protection – Training Requirements (1926.503): 2,216
8. Powered Industrial Trucks (1910.178): 2,150
9. Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 1,965
10. Machine Guarding (1910.212): 1,498
https://www.safetyandhealthmagazine.com/osha-reveals-final-top-10-data-for-fy-2025/
2) Tribute to Mark Kaczniak
Mark Kaczniak dedicated his life to protecting workers and advancing the field of process safety at a time when it was still taking shape. Those who worked alongside him quickly recognized a rare combination of technical mastery, steady judgment, and quiet leadership.
Beginning his career with the Occupational Safety and Health Administration in the early 1980s, Mark became deeply involved in some of the most complex and consequential industrial incidents of that era. He had a remarkable ability to sort through dense technical data, understand chemical processes at their core, and identify the factors that truly mattered. While many saw only complexity, Mark saw clarity—and he used that clarity to drive meaningful change.
He was among the early pioneers of what would become modern process safety management. During a period marked by major industrial explosions and evolving regulatory frameworks, Mark played an instrumental role in shaping how hazards were understood and addressed. His work helped elevate attention toward the most serious risks in industry, always with a focus on protecting workers.
Mark later brought his expertise to industry leadership roles, serving as Safety Director at Morton Salt and subsequently at IMC Global. In these positions, he continued to champion strong safety practices and ensured that lessons learned from past incidents translated into better protections for those in the field.
He also stood as an advocate for workers, including providing testimony during OSHA hearings that helped sharpen the agency’s focus on critical process safety issues. His voice carried weight not because it was loud, but because it was grounded in deep knowledge and unwavering integrity.
Mark later joined the U.S. Chemical Safety and Hazard Investigation Board, where he spent two decades contributing to investigations and advancing the understanding of major chemical incidents. His work there touched many of the most significant events in the field, helping ensure that their lessons would not be forgotten.
A graduate of Lane Technical College Prep High School and the University of Illinois Chicago, Mark was a chemical engineer by training, but far more importantly, he was a leader by example—thoughtful, disciplined, and committed to doing the work the right way.
Mark Kaszniak leaves behind a lasting legacy in process safety and worker protection. His contributions helped shape an entire field and improved the lives of countless workers who will never know his name—but are safer because of him.
He is survived by his wife, Pamela, and made his home in Washington, D.C.
3) OSHA Fatal Fall Case Summary
The U.S. Department of Labor cited Max Home Services LLC (doing business as Pasat Roofing and Solar Energy) after a fatal roofing incident in Fort Lauderdale, Florida.
Key Facts:
• Date of incident: September 24, 2025
• Work being performed: Workers were installing a tarp on a two-story residence.
• Incident: Two employees slipped from the roof and fell into an empty swimming pool.
• Outcome:
o One employee suffered fatal injuries.
o One employee suffered serious injuries.
OSHA Findings:
• Employees were working more than 20 feet above the ground without personal fall protection.
• OSHA determined the employer willfully exposed workers to fall hazards.
• The company also:
o Failed to adequately train workers to recognize fall hazards.
o Failed to implement a required hazard communication program for employees using hazardous chemicals.
Citations Issued:
• 1 Willful Violation
o Failure to provide required fall protection.
• 2 Serious Violations
o Inadequate fall hazard training.
o Deficiencies in hazard communication.
Proposed Penalty:
• $172,324
4) The U.S. Department of Labor cited Breland Homes Inc., a Huntsville, Alabama homebuilder, after a trench collapse killed a construction worker during utility installation work.
Key Facts:
• Date of OSHA announcement: April 16, 2026
• Incident date: December 2025
• Location: Madison County subdivision, Alabama
• Work being performed: Installation of a sewage drainpipe.
• Incident: A trench collapsed and engulfed a construction laborer.
• Outcome: One worker was fatally injured.
OSHA Findings:
OSHA investigators determined that Breland Homes:
• Allowed the worker to enter an unprotected and unsupported trench.
• Failed to train employees to recognize trenching and excavation hazards.
• Permitted employees to work without required protective helmets.
• Allowed the use of a damaged ladder on the jobsite.
• Exposed workers to multiple additional safety hazards identified during the investigation.
Citations Issued:
• 8 Serious Violations
Proposed Penalty:
• $115,855
Other News
1) The Illinois Appellate Court (Third District) reversed a lower court's dismissal of a wrongful death and survival lawsuit brought by the estate of Matthew Heiden against his employer, the Village of Westmont. The central legal issue was whether the Village's conduct was so egregious that it constituted an "intentional" act, thereby bypassing the exclusive remedy provision of the Workers' Compensation Act.
I am sure it will go to the IL Supreme court.
Only in the NV Case was the shield penetrated to my knowledge. And that was a confined space also.
https://lnkd.in/gvgUN6bJ
2) I enjoyed the Data Center Safety Course. Five hours. $99
30 question final. 5 questions at 80% to pass the 18 modules.
No CEUs
https://lnkd.in/gi2E_EYE
3) A standard 48” x 40” wooden pallet typically has a load capacity between 2,500 and 4,000+ pounds (1,100–1,800+ kg), depending on its construction, wood species, and whether the load is static or in motion. While many are rated for around 2,500 lbs dynamic, heavy-duty pallets can safely carry over 4,600 lbs.Key factors affecting capacity include:Static Load (Stationary): Highest capacity (often 4,000 lbs+) because the pallet is not moving.Dynamic Load (Moving): Lower capacity (usually 2,000-3,000 lbs) as movement adds stress.Racking Load: The lowest capacity, as it must support the load solely by its ends.Wood Type: Hardwood pallets are generally stronger (3,000–4,500 lbs capacity) compared to softwood (2,000–3,000 lbs).Condition: Damaged, old, or wet pallets have significantly lower weight limits.Always assume a lower capacity if the pallet is not in perfect condition or if the load is not evenly distributed.Standard Pallet Size: Dimensions & Weight - The Cary CompanyMay 8, 2024 — What Is a Standard Pallet Size? Dimensions. The typical pallet dimensions of an industry standard pallet are 48” L x 40” W x 6” H.
1910.176(b)
Secure storage. Storage of material shall not create a hazard. So Don’t store 30000 pounds on a wood pallet.
4) Using Microsoft Form to make a Safety Observation/Hazard Reporting For a Data Center Project.
I could not take out the old QR code.
This example will go to an excel form to "You" or the safety department. The last one at a site of 500, generated 400 observations/suggestions/hazards in 6 months. I like this because I am seeing near misses, hazards, and "minor" injuries not get reported. This form goes beyond safety and workers report issues of quality, tradestacking, potential hostile workplace, property damage.
Post QR codes:
break areas
elevators
gang boxes
entrances
crane access points
safety boards
Headline:
“SEE SOMETHING UNSAFE? REPORT IT IMMEDIATELY.”
Workflow:
Form submitted via QR
Entry added to Excel automatically
then you can
Email automatically to contractor or individual
Assigned manager notified
Overdue items escalated
Weekly summary generated
It just takes practice. I never used Microsoft forms before this year. So do not be intimidated because it is new. I used copilot to give ideas and create the from. Then had only four edits. This can adapted for digital tool box talks and site orientation.
Link to form.
https://lnkd.in/gg2w8G8b
5) Late night thoughts after writing a billion SOP, JHA and TBT.
The Universal Failure Filter
After reviewing thousands of severe injuries across heavy industry, one pattern keeps repeating.
It’s not complicated.
When a catastrophic injury occurs, ask four questions:
1️⃣ Was there a defined procedure?
2️⃣ Was there a job hazard analysis?
3️⃣ Was there reinforcement (toolbox talk, supervision, audit)?
If the answer is no to any of these → the injury was predictable.
If all three were present → then the next question is simple:
Was it followed?
That’s it.
Most severe machine injuries, lockout failures, fire losses, confined space incidents — they collapse into this filter.
Not random.
Not mysterious.
Not “just an accident.”
Either:
• The system didn’t exist
• Or the system wasn’t followed
High-performing companies understand this. They don’t rely on hardware alone. They build layered defenses:
Procedure.
Hazard recognition.
Reinforcement.
And they audit all three.
This model applies far beyond machine guarding. It works for:
• Lockout/Tagout
• Fall protection
• Confined space
• Incident investigation
• Safety management systems
If you’re investigating an incident this year, try running it through this filter.
You may find the answer faster than you expect
6) Tales from the front. I was teaching a free silica class today, and Allisah said she is seeing the people who pass the user seal check fog up the glasses. I was saying that if you had a good user seal check. it should not happen. So I tried it and this nice respirator n95 fogged my glasses up which is not good. The 3m 8710 did not fog up the glasses. I had passed the respiratory fit test with bitrex with this respirator too while wearing glasses . One of the things that we don't do in the respiratory fit test is a blow hard test. We do deep breathing but not blowing hard.
7) Chemical plant incident kills one worker in Washington state
https://lnkd.in/g7rTRNz5
8) Highway work is so dangerous and unfortunately a worker in Illinois lost his life
https://lnkd.in/gqnJFvMi
9) Man dies after falling off construction equipment, run over in St. Louis
https://lnkd.in/g_gBwmnp
OSHA CITATIONS 6/20/2025
This is discontinued
Safety Training at Non-Profits (Check Sites for Starting Dates)
Harwood Grant Silica July 27 2026 CSC
Harwood Grant Machine guard lockout June 3 2026 NIU Naperville
Harwood Grant Machine guard lockout July 3 NIU Rockford
Harwood Grant Confined Space Fire June 9 2026 NIU Naperville
Harwood Grant Confined Space Fire June 10 2026 NIU Rockford
OSHA 510 CSC Online June 1-5 2026 RARE Online. New layout.
OSHA 7115 CSC Lockout June 17 2026 RARE Online. New layout.
OSHA 2045 Rockford June 29-July 2 Need three to run the class.
For FREE Harwood grant training https://cpelearn.niu.edu/susan-harwood-training-grant-program/
NIU is Northern Illinois University OSHA Education Center http://www.nsec.niu.edu
CSC is the Construction Safety Council in Hillside. Www.Buildsafe.org
TRMA is Three Rivers Manufacturers Association www.trma.org
I usually teach only 10-hour and the 500 series. I have taught 663 people this year. I teach evenings, weekends, and early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, Ohio, and Indiana.
The PowerPoint is posted free at usmwf.org. https://www.usmwf.org/powerpoints-and-safety-information.html
I use your feedback to make changes to make corrections.
--
John Newquist
815-354-6853
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