U.S. Department of Labor Issues 7 Letters of Interpretation Addressing Workplace Safety & Health

OSHA recently announced that it has issued seven letters of interpretation to ensure the consistent and transparent application of federal workplace safety and health standards.

 

Letters of interpretation issued this year address the following situations:

 

The public is encouraged to visit OSHA's Letters of Interpretation page to review previous guidance and submit new requests. These letters provide clear explanations that support compliance and training requirements, helping to keep America's workers safe and healthy.

 

The U.S. Department of Labor has cited an Idaho transformer producer for repeatedly exposing workers to serious safety hazards.

 

In June 2025, inspectors with OSHA determined that Virginia Transformer Corp., exposed employees to hazards similar to those identified during two 2024 inspections involving cranes used to handle heavy loads with faulty brakes and switches.

 

OSHA cited the company for 53 serious and repeat violations, including failure to guard machinery, exposing workers to fall hazards, and failure to provide personal protective equipment. The company faces proposed penalties of $986,888.

 

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission. Penalties and citations may be adjusted throughout the course of the case. Please check the OSHA establishment search page periodically for any changes in the inspection or penalty status.

 

 

The EPA announced a settlement with Delta Packing Company of Lodi, Inc., for chemical safety-related violations of the Clean Air Act (CAA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).  The company, located in Lodi, Calif., uses anhydrous ammonia to provide cooling capabilities for its fresh fruit packaging, refrigeration, storage, and shipping facility. Under the settlement, the company will pay a penalty of $262,971 and make significant safety improvements to the facility to come into compliance with federal law.

 

“Companies that use anhydrous ammonia and other dangerous chemicals have a responsibility to protect facility workers and the surrounding community, as well as ensure local first responders are prepared to respond in the case of a release,” said EPA Pacific Southwest Region Enforcement and Compliance Assurance Director Amy Miller. “As a result of EPA’s action, the facility made significant improvements to address chemical safety.”

 

Anhydrous ammonia, regulated under the CAA Section 112(r), can cause serious, often irreversible health effects when released. In addition to potentially impacting human health from inhalation or skin contact, the chemical is highly flammable.

 

In 2021, EPA inspected the Lodi facility after an accidental release of anhydrous ammonia resulted in an employee’s death. The inspection revealed multiple violations of CAA Section 112(r), including the Risk Management Program and the General Duty Clause under that law, as well as EPCRA Section 312.

 

The facility failed to comply with the following CAA requirements for chemical accident prevention:

 

The facility also violated the CAA by failing to adequately identify hazards related to another chemical – methyl bromide – which the facility uses as a fumigant.

 

Under EPCRA, the facility failed to submit required annual chemical inventory reports, known as Tier II forms, to state and local agencies. Annual Tier II forms provide the state, Tribal, and local officials, as well as the public, with accurate, updated information on potential hazards.

 

Due to EPA’s action, the company made significant improvements to address chemical safety concerns identified at their facility. The company corrected equipment documentation, conducted tests and inspections of equipment, and brought its refrigeration system up to industry standards. In addition, the company corrected missing information in its operating procedures, completed an adequate process hazard analysis, and coordinated with local agencies for emergency response purposes. As part of the agreement with EPA, the facility has also committed to fixing equipment deficiencies in its relief and ventilation systems. EPA continues to track these repairs to ensure that compliance is met.

 

The EPA has signed a consent agreement and final order (CAFO) with E.L. Harvey & Sons, Inc., Trojan Recycling, Inc., Nauset Disposal Holdings, Inc., and Arrowhead Environmental Partners, LLC, resolving EPA's claims against the companies for Clean Water Act (CWA) stormwater violations. Between the companies, a total of seven Massachusetts' waste and recycling processing and vehicle maintenance operations facilities were allegedly discharging industrial waste into waters of the United States without required CWA permits. These companies are indirect subsidiaries of Waste Connections U.S. Holdings, Inc.

 

"Under the Clean Water Act, the federal government, states, and tribes each have an essential role in protecting the quality of our nation's waters by reviewing applications and issuing permits addressing pollutants discharged into our waterbodies," said EPA New England Administrator Mark Sanborn. "Clean water is essential to our health, our environment, and our economy." 

 

Affected waters in the CAFO include the Paskamansett River, Weweantic River, Salisbury Plain River, Hedges Pond, Seine Pond, and Bennetts Brook. In order for certain types of industrial facilities to safely discharge stormwater into these waters, they must obtain authorization under EPA's 2021 Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP). 

 

E.L. Harvey & Sons, Inc., Trojan Recycling, Inc., Nauset Disposal Holdings, Inc., and Arrowhead Environmental Partners LLC have now applied for and received coverage under the MSGP for all seven facilities and agreed to a $170,000 penalty, which is documented in the signed CAFO. 

 

Copies of the CAFO are available upon request. 

 

 

The California Department of Public Health (CDPH) issued an advisory Nov. 17 that directs healthcare providers in the state to conduct testing for silicosis in countertop workers and to report actual or suspected cases to their local health department. The workers at greatest risk are those who cut artificial stone, which can have crystalline silica content as high as 93 percent, according to a Cal/OSHA fact sheet (PDF). Silicosis became a reportable disease in California this past June.

 

CDPH collects surveillance data for cases of engineered stone silicosis on its website. The data show 447 confirmed silicosis cases among countertop workers since 2019. At least 25 of those cases resulted in death and 49 required lung transplants. While silicosis typically affects older workers, the countertop worker cohort in California has median ages of 46 at diagnosis and 48 at death.

 

The relative youth of California countertop workers who have silicosis is consistent with data from other locations. A 2022 study identified 169 workers with silicosis in Israel, Spain, Australia, and the U.S. whose median age was 51.7 years, while an analysis of 482 silicosis compensation claims filed during 2015–2022 in the Australian state of Victoria, where the government provides health screening to stone workers, revealed a median age of 39. Australia has since banned engineered stone.

 

California requires employers to provide engineering controls, training, and exposure monitoring for workers engaged in high-exposure tasks such as cutting, grinding, polishing, and cleanup of artificial and natural stone. A law that will go into effect in January requires CDPH to report silicosis cases related to engineered stone to Cal/OSHA.

 

The CDPH advisory and resources on silicosis are available on the department’s website. For more information, visit the NIOSH webpage on silica and worker health.

 

 

A NIOSH pilot project subjected fraudulent respirator components to the agency’s rigorous testing and found that nearly all failed to meet performance requirements. The evaluation focused on P100 filters, organic vapor chemical cartridges, and combination cartridges that are falsely marketed and sold as NIOSH-approved devices. NIOSH purchased the components online and evaluated them on inhalation and exhalation resistance, filtration performance, and chemical penetration. Of 240 fraudulent P100 filters tested, only 20, or about 8 percent, passed NIOSH performance tests. The agency also tested 124 combination cartridges and eight chemical cartridges, all of which failed.

 

NIOSH presents the test results in a report that recently became available on the agency’s website. “This finding highlights the possibility that fraudulent products may provide consumers with a false sense of confidence that they are receiving the same level of protection as filters and cartridges that are part of a NIOSH Approved respirator configuration provide,” the report states.

 

Fraudulent respirator components often mimic the appearance of genuine components, typically through the misuse of NIOSH trademarks such as P100, an agency designation for filters that remove at least 99.97 percent of airborne particles, and NIOSH Approved, which indicates compliance with the quality assurance and performance requirements of 42 CFR Part 84. The report contains pictures of both fraudulent and genuine components, illustrating their close resemblance.

 

For more information, read the NIOSH report and related descriptions of the testing conducted for P100 filters, combination cartridges, and chemical cartridges.

 

Users can confirm that a device or component is valid through the NIOSH Certified Equipment List. Earlier this year, NIOSH published a fact sheet that explains how to identify counterfeit and misrepresented respirators and cartridges.

 

 

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