The U.S. Department of Labor (DOL) recently announced it has updated its Site-Specific Targeting (SST) Program https://www.osha.gov/sites/default/files/enforcement/directives/CPL-02-01-067.pdf, the Occupational Safety and Health Administration’s (OSHA) primary planned inspection program for general industry employers with 20 or more employees, including foundries. 

The SST program directs the Compliance Safety and Health Officers (CSHOs) to establishments with the highest injury and illness rates and those with upward trends or suspiciously low rates. OSHA implements its SST inspection programs using employer-submitted Form 300A data, which is derived directly from the employer’s 300 logs required to be submitted to the agency electronically every year.

Under the updated SST program, OSHA will utilize the Form 300A data from calendar years 2021-2023 to identify workplaces for inspection based on: 

1. High injury and illness rates from 2023 data.
2. Upward trends in injury and illness rates across the 2021-2023 period, particularly where those rates exceed twice the 2022 private sector average.
3. Unusually low injury and illness rates, which may trigger inspections to verify underreporting or recordkeeping violations.
4. Failure to submit OSHA Form 300A data for 2023.

Implications for Foundries

The updated SST directive reflects OSHA’s ongoing commitment to data-driven enforcement and targeted inspections in general industry. It increases the likelihood of onsite inspections for foundries that meet any of the updated selection criteria. Foundries should take proactive steps to ensure that their 300A logs have been properly submitted and accurately reflect injury and illness data, internal safety and health programs are updated, and a plan is in place when OSHA arrives at your plant.  Stay on top of key safety matters by participating in AFS’ quarterly Safety Committee meetings (contact kperna@afsinc.org to join) and attend the upcoming AFS EHS Conference taking place October 7-9 in Green Lake, Wisconsin.

States Ramp Up on Meal and Rest Breaks 

There is a growing patchwork of labor rules governing wage and hour rules, overtime, and meal and rest breaks across the United States. Most recently, in June, the Minnesota governor signed an omnibus bill, which includes provisions requiring that employers provide a 15-minute rest break every four hours, and a 30-minute meal break for employees working six or more consecutive hours, with penalties for noncompliance. 

Effective January 1, 2026, it specifically allows each employee a rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours, and allows each employee working six or more consecutive hours a meal break of at least 30 minutes. The current standard requires an “adequate time to utilize the nearest convenient restroom” each four consecutive work hours and requires employers to “permit” employees working eight or more consecutive hours “sufficient time to eat a meal” and does not specify a length of time employees must be permitted to eat a meal. 

If an employer fails to provide the meal and rest breaks, the employer would be liable to the employee for the meal or rest break time that should have been provided at the employee’s regular rate of pay, plus an additional equal amount as liquidated damages. Additionally, the state’s commissioner could assess a penalty of up to $1,000 per employee per day during which meal or rest breaks are not provided as required.

The Minnesota Department of Labor and Industry is likely to issue regulations or guidance on new rest and meal break requirements before they take effect. Minnesota foundries and suppliers need to review and revise their policies and procedures related to Minnesota’s new rest and meal breaks law to ensure compliance with the new requirements by January 1. 

Minnesota joins a growing group of jurisdictions, such as California, Oregon, Nevada, New York, and Washington, that require employers to allow meal and rest breaks of specified lengths and provide for significant penalties if employees are not allowed to take the required meal and rest breaks.