What happened?

On July 18, 2024, the Englewood and Denver OSHA offices launched a Local Emphasis Program (LEP) to identify and reduce workplace hazards in cannabis and hemp processing, growing, cultivation, and product manufacturing facilities in the Denver area.


Quick Summary:

• OSHA’s Local Emphasis Program (LEP) targets the cannabis industry to identify and mitigate hazards in processing, growing, cultivation, and manufacturing facilities.
• Employers should ensure OSHA compliance by reviewing standards, conducting safety walk-throughs, and preparing for inspections. They should participate in OSHA training, address key hazards, maintain safety records, and adopt a proactive approach to workplace safety.

What are the details?

• OSHA Local Emphasis Program (LEP) focuses on the cannabis industry.

• This program aims to identify and mitigate workplace hazards in cannabis and hemp processing, growing, cultivation, and product manufacturing facilities.

• This LEP intends to encourage employers to address hazards, ensure compliance with OSHA standards, and reduce potential injuries, illnesses, and deaths among workers; enforcement activities will include programmed inspections and reviews of working conditions, records, and safety and health programs.

• Key hazards include the use of flammable liquids, electrical issues, exposure to hazardous chemicals, and unguarded machinery.

• OSHA will conduct inspections, evaluate records, and review safety and health programs.

• OSHA will offer industry outreach efforts, such as training sessions and distributing information via newsletters, at least 90 days before starting inspection activities.

• OSHA Standards That Should be on Your Radar: Businesses under the LEP should ensure compliance. OSHA noted the most common citations from 44 inspections over the past seven years.

• For a breakdown of hemp operations, what it means, and the difference from marijuana click here

Business Considerations

• 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.
• Employers should review OSHA standards and ensure compliance with all relevant OSHA standards to avoid citations.
• Employers should conduct safety walk-throughs and regularly inspect facilities to identify and address any safety hazards.
• Employers should prepare for inspections and be ready for OSHA inspections by having an opening meeting with the compliance officer to discuss the scope of the inspection.
• Employers should participate in OSHA’s training sessions and stay informed through newsletters.
• Employers should audit and address key hazards, focusing on mitigating risks associated with flammable liquids, electrical issues, hazardous chemicals, and unguarded machinery.
• Employers should maintain thorough records of safety and health programs for review during inspections.
• Employers should encourage a proactive approach to workplace safety to reduce potential injuries, illnesses, and deaths among workers. In the end, no one is going to save you.

Source References

• OSHA Local Emphasis Program for Cannabis Industries
• OSHA Offices in Colorado Implement New Local Emphasis Program for the Cannabis Industry (Husch Blackwell LLP.)
• OSHA Program to Investigate Workplace Hazards in Colorado Cannabis Industry (OSHA Program to Investigate Workplace Hazards in Colorado Cannabis Industry (Ganjapreneur.com)
• OSHA emphasis program targets Colorado cannabis industry (Safety+Health magazine)

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