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On July 18, 2024, the Englewood and Denver area offices of the Occupational Safety and Health Administration (OSHA) published a Local Emphasis Program (LEP) targeted at identifying and reducing workplace hazards associated with cannabis processing, growing, cultivation, and product manufacturing.
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.
Please contact a Husch Blackwell Safety and Health attorney with any questions about this new development.
