The Jenkins Report

Excavation hazards bring proposed penalties for six employers

The Occupational Safety and Health Administration (OSHA) announced citations involving six employers at a construction project in Monroe, New York, with $648,094 in proposed penalties. The agency alleged failures involving excavation protection, falling material, inspections and engineering of a deep excavation. The announcement does not establish a final adjudicated outcome.

Practical check. On a shared worksite, identify who controls excavation design, who inspects changing conditions and how each contractor confirms protection before people enter. Ask workers how they recognize a changed condition and how work is paused while it is assessed.

CSB follows up on unresolved explosion recommendations

The U.S. Chemical Safety and Hazard Investigation Board says Yenkin-Majestic/OPC Polymers has not implemented or substantively responded to five company recommendations arising from the April 2021 explosion at its Columbus, Ohio resin plant. The recommendations followed the 2023 investigation report. This is a new follow-up on an older incident, not a newly reported explosion.

Practical check. Select one significant corrective action that is marked complete. Ask what changed in the equipment or work, who verified it and what evidence shows that the protection remains effective. A completed action record should lead to a demonstrable improvement in the field.

MSHA reopens comments on a respirator proposal

The Mine Safety and Health Administration (MSHA) reopened the record on its proposal concerning powered air-purifying respirators in underground mines. The proposal addresses use of certain respirators without MSHA electrical approval in specified areas of gassy mines, subject to proposed conditions. The notice does not finalize that permission. The docket is MSHA-2025-0089.

Practical check. Mining and respiratory-protection teams can review the proposal and consider supplying operational evidence on equipment use, maintenance and conditions underground. Keep the proposed change separate from current equipment-use decisions. The hearing and participation dates appear below.

EPA proposes selected TCE compliance extensions

The Environmental Protection Agency (EPA) proposes moving selected trichloroethylene (TCE) compliance dates to December 31, 2027. The specified uses include certain processing, use as a processing aid, associated wastewater disposal and a feedstock phase-down for HFC-134a manufacturing. The proposal covers specified uses rather than every TCE user. Comments are due November 13 under docket EPA-HQ-OPPT-2026-7327.

Practical check. Chemical-management teams can match their actual conditions of use to the proposal and identify any evidence they want to submit. Confirm the applicable current requirements before revising a compliance plan; this proposal alone does not change them.

Heartland Builders decision remains under review

An October 15 announcement from the U.S. Occupational Safety and Health Review Commission (OSHRC) concerns Heartland Builders, docket 26-0277. The administrative law judge entered a default after the employer failed to continue participating. The Commission directed review on October 14. Its status page identifies the matter as pending, not a final Commission order.

Practical check. Give contested citations and related proceedings a named owner, a reliable method for receiving notices and a calendar for required responses. Filing a contest does not complete the case-management work.

FMCSA reports nationwide DataQs implementation

The Federal Motor Carrier Safety Administration (FMCSA) says all 50 states, Washington, D.C., and U.S. territories comply with its revised DataQs framework. It provides initial review, reconsideration and final review of disputed safety data. Drivers, carriers and other stakeholders can request review of information they believe is incomplete or inaccurate.

Practical check. Fleet teams can review how inspection and crash records are checked, how supporting evidence is retained and who follows a request through each review stage. Accurate records help keep operational decisions grounded in the underlying event.

Learning from prevention and sustained performance

Research background. The National Institute for Occupational Safety and Health (NIOSH) describes research on worker interaction with mobile, demolition and masonry robots in its October 2026 eNews. The edition predates this week. Consider how reducing one exposure may introduce a new interaction hazard. Discuss the task with operators and nearby workers when assessing the risks of automation.

Highlighted this week. OSHA’s October 14 QuickTakes recognizes 35 years of Voluntary Protection Programs Star participation at OxyChem’s Convent, Louisiana facility. That recognition offers a starting point for learning about sustained practices; the newsletter does not establish what caused the reported performance. Ask what people do when work goes well, how they notice problems and how those practices are supported.

Dates to track

November 13

EPA TCE proposal comment deadline.

November 13
11:59 p.m. ET

MSHA requested advance speaker registration. Unregistered speakers may be called after registered speakers.

November 17
9 a.m. ET

MSHA virtual hearing on the respirator proposal.

November 18
10 a.m. ET

Bureau of Labor Statistics scheduled release of 2025 Survey of Occupational Injuries and Illnesses results.

December 8
11:59 p.m. ET

MSHA new comments received or postmarked deadline.

A field conversation for this week

Choose one task with the potential for severe harm. Ask the people doing it which protection matters most, what could make that protection unavailable and how they verify it during actual work. Include an example of a job that went well: what made the safe approach workable, and what should the organization preserve? Record one concrete improvement and return to the crew to check whether it helped.