Door and window manufacturers could see a shifting landscape in workplace safety enforcement, as federal officials continue finding new ways to escalate penalties and expand oversight—even amid an anticipated slowdown in inspections. That was the takeaway from a seminar hosted by World Millwork Alliance (WMA) last week, amid its annual convention and trade show. While the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) focused on repeat violations under the previous presidential administration, “It’s going to be ‘poster child’ enforcement under this administration,” said Eric Conn, chair of OSHA practice for the law firm Conn Mariel Carey LLP.
Conn, and partner Aaron Gelb, told industry professionals that while the number of inspectors may be declining under the current administration, enforcement strategies remain aggressive and creative, focusing on the biggest violations for setting broader examples.
“Employers aren’t scared of OSHA the way they are of the [U.S. Environmental Protection Agency],” Gelb said. “So, OSHA has found creative ways to ratchet up penalties.”
Under the previous administration, OSHA broadened its ability to issue per-instance citations, allowing inspectors to apply penalties for each employee or machine involved in a violation, instead of a single fine per infraction, Gelb and Conn told attendees. Traditionally, a company cited for failing to train workers or maintain proper lockout/tagout procedures faced one penalty per standard violated. Now, OSHA can assign separate penalties per employee, multiplying fines, they warned. For example, an Ohio manufacturer recently faced more than $3 million in fines after inspectors determined that employees performing maintenance and cleaning tasks were not properly trained or authorized under lockout/tagout procedures. In that case, OSHA cited each untrained worker separately, at roughly $165,000 apiece, they said.
While large “egregious” cases remain rare, experts say the lower bar for what qualifies as a “serious” violation means more employers could find themselves facing substantial penalties.
“Just to kind of emphasize … I worked on two cases in the last three years with fines over $3 million—one here in Ohio, one in Illinois,” Conn said.
Another area of concern is OSHA’s Severe Violator Enforcement Program (SVEP)—the agency’s “bad actors” list.
Previously, only employers with multiple willful or repeat violations in a limited set of high-emphasis categories were added to the SVEP list. Now, two or more repeat or willful violations of any standard can qualify, they said. The change tripled the number of employers added to the program in its first year.
Being placed on the SVEP list can lead to public press releases, follow-up inspections at other facilities, and reputational harm.
Industry groups are currently urging OSHA to delay placement into the program until after citations are finalized, citing due process concerns, Gelb explained.
Heat Illness and Other Rulemaking
Looking ahead, several regulatory devel
opments could affect door and window companies, including those involving outdoor or non–climate-controlled environments, they said.
A proposed heat illness prevention rule, developed under the Biden administration, remains in limbo. While many support a federal heat standard, critics argue the current draft is overly broad and one-size-fits-all. Industry coalitions are lobbying for a more flexible, performance-based rule that accounts for differences between regions and facility types, the duo explained.
Without a federal standard, several states—including California, Washington, Colorado and Illinois—have implemented or proposed their own heat safety requirements. This patchwork of state laws is prompting some employers to call for a single federal rule.
Additional rules finalized in recent years with the potential to impact door and window manufacturers include the Walkaround Representative Rule, which allows third-party individuals, such as union officials or even former employees, to accompany OSHA inspectors during site visits. That rule faces ongoing legal challenges, they said. Another is an E-Recordkeeping Rule, which reinstates requirements for employers to submit detailed injury and illness data (Forms 300 and 301) to OSHA. This rule is expected to be rolled back under a future Republican administration, they said.
Even as inspection numbers drop under the current administration, companies were advised to stay vigilant. OSHA continues to pursue high-profile cases, particularly involving lockout/tagout, machine guarding and fall protection, they said. The bottom line: Don’t become a poster child, they advised. The best defense includes a strong, working safety culture.