Update Applicable to:

All employers in all industries.

What happened?

On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. 

What are the details?

OSHA’s goal in releasing this NEP is to significantly reduce or eliminate unprotected worker exposures to fall-related hazards through a combination of increased enforcement, outreach efforts and compliance assistance.  This NEP applies to all industries, although OSHA acknowledges that most inspections conducted pursuant to the NEP will occur in the construction industry. Inspections within the scope of the NEP will include two categories: (1) programmed inspections; and (2) self-referrals. 

State OSHA Plans have 60 days from the effective date of the NEP to notify OSHA whether they intend to adopt the NEP or already have in place policies and procedures that are identical to or at least as effective as the federal OSHA program, with final adoption to be accomplished within six months.

For more information, please see the links below:

Announcement/News Release

Compliance and Law Firm Summaries/Opinions: Article 1; Article 2; Article 3

What do employers need to do?

Employers should prepare for increased fall-related inspections and enforcement efforts in 2023 and beyond.  To that end, employers should make sure they have developed, implemented, and are maintaining a plan to reduce the risk of exposure to fall-related hazards in the workplace.

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