The Ohio House recently passed Senate Bill 56 clarifying Ohio’s Marijuana Law as it relates to adult use of marijuana and taxation of marijuana. The bill will return to the Ohio Senate. If the Senate agrees with the bill, Governor Mike DeWine will need to sign off on it before it becomes law. Ohio Senate Bill 56 revises and consolidates the state’s medical and adult-use marijuana laws under a single regulatory framework managed by the Division of Cannabis Control (DCC). The bill establishes new rules for licensing, cultivation, processing, and sales, while limiting THC content, restricting child-attractive packaging, and adjusting home-grow and dispensary limits.
Some highlights of the bill include the new rules regulating THC beverages. Under the bill, it would be legal for bars to sell THC beverages with 5mg THC or less for onsite consumption to adults 21 and over. Grocery stores and gas stations could sell THC beverages with up to 10mg THC for offsite consumption to adults 21 and over. The bill would also allow persons convicted of marijuana possession offenses involving amounts now legal to possess, to have their conviction or guilty plea expunged.
For employers, SB 56 does not change workplace rights. Companies may still prohibit marijuana use or impairment at work and enforce drug-free policies. Employers must continue to comply with federal safety standards. However, employers should review and update their drug policies to reflect the updated Ohio marijuana laws and ensure clarity on off-duty use and workplace expectations.
Top Ten Most Frequently Cited OSHA Standards
The Occupational Safety and Health Administration (OSHA) recently released a list of the top ten most frequently cited standards for 2024.
- Fall protection, general requirements (29 CFR 1926.501)
- Hazard Communication, general industry (29 CFR 1910.1200)
- Ladders, construction (29 CFR 1926.1053)
- Respiratory Protection, General industry (29 CFR 1910.134)
- Control of Hazardous Energy (lockout/tagout), general industry (29 CFR 1910.147)
- Powered Industrial Trucks, general industry (29 CFR 1910.178)
- Fall Protection Training, construction (29 CFR 1926.503)
- Scaffolding, construction (29 CFR 1926.451)
- Eye and face protection, construction (29 CFR 1926.102)
- Machine Guarding, general industry (29 CFR 1910.212)
Every year OSHA releases the top ten most frequently cited standards list to alert employers about common safety issues so employers can recognize and fix any hazards. This list provides valuable information about where employers should focus their efforts to improve compliance and protect against preventable injuries, illnesses, and deaths. We encourage employers to review this list in conjunction with its safety program to identify hazards in the workplace. Please contact a member of the Labor and Employment Section with questions regarding OSHA compliance.
OSHA Updates in 2025
OSHA, as the U.S. federal agency charged with workplace safety and health, has made the following updates in 2025:
1. Revised inspection targeting program
On May 20, 2025, OSHA announced an update to its principal planned inspection program for non‑construction establishments (20+ employees) called the Site‑Specific Targeting (SST) program. The new directive uses injury and illness data (from OSHA Form 300A for calendar years 2021‑2023) to select establishments based on high or upward‑trending rates of injuries/illnesses, or failure to submit required data. This means that workplaces with poorer safety performance are increasingly likely to be inspected. For employers, this elevates the importance of accurate record‑keeping, proactive hazard assessment and tracking of injury/illness trends.
2. Increased penalties and revised reduction incentives
In early 2025, OSHA increased the maximum penalties for violations and also updated its penalty reduction policies for small employers. Here are a few highlights: As of January 15, 2025, the maximum penalty for a “Serious” or “Other‑Than‑Serious” violation increased to $16,550 per violation; willful or repeated violations rose to $165,514. Additionally, on July 14, 2025, OSHA’s updated guidance expanded penalty reduction opportunities. A penalty reduction of up to 70% which previously applied to employers with less than 10 employees now may be applied to employers with less than 25 employees. The revisions also allow for up to a 15% reduction for employers who immediately abate hazards after identification.
3. Revised requirements for personal protective equipment (PPE) fit
Effective January 13, 2025, OSHA changed the PPE standards for construction workers to require that PPE properly fits the individual worker. This aligns with the requirements already in place for general industry. Employers must ensure PPE accommodates varying body sizes and shapes.
4. Updates to the Hazard Communication Standard (HCS)
OSHA made modifications to Hazard Communication requirements to improve clarity of chemical hazard information which includes enhanced labeling requirements for hazardous chemicals and updates to Safety Data Sheets (SDS) format and accessibility.
5. Heat hazard rules and prevention efforts
Heat illness prevention continues to be a major OSHA priority in 2025. Employers are encouraged to implement heat illness prevention programs including hydration, rest breaks, training, and temperature monitoring. A final rule is still expected in the near future.
Key takeaways – Employers should verify proper PPE fit for all workers, update hazard communication training and labeling. implement heat illness prevention programs proactively, leverage penalty‑reduction opportunities for small businesses and reinforce safety culture and proactive hazard management.
VSSRs: The New Normal
Workers’ compensation practitioners are well versed in the standard trajectory of a claim. After a hearing on an initial allowance there can be determinations of the following: various types of compensation for a period of disability; appropriate medical treatment; hearings on additional conditions; and lastly, a permanent partial disability award. Over the last several years, many employers have become increasingly familiar with a penalty provision in workers’ compensation: a violation of a specific safety requirement (VSSR).
VSSRs are unique in the workers’ compensation system because they are a direct monetary penalty against the employer, similar to an OSHA citation. Because VSSRs are a direct monetary penalty, they are strictly construed in favor of the employer – a deviation from the liberal construction present in R.C. 4123.95.
Calculating exposure from a VSSR often confuses employers. If a VSSR is awarded, it pays between 15% and 50% of the maximum rate of compensation for the entire claim- past and future. Unlike a fixed form of compensation such as a permanent partial disability award, it is nearly impossible to account for future compensation. Further, an award calculation is not tied to the wages of an employee, but the maximum possible rate for the year of the injury.
Some interesting trends have emerged over the past few years. Since 2020 there has been an overall increase in the number of VSSRs filed. In 2022, the legislature reduced the statute of limitations for filing a VSSR from 2 years to 1 year. In 2022 alone, 470 applications were filed. This was a significant increase from the 362 applications filed in 2021. From 2023 to 2024, applications again rose 14% and from 2024 to 2025 applications rose an additional 19.9%.
Additionally, the increase in filings disproportionally affects state-fund employers. In 2022, 101 merit hearings took place before Staff Hearing Officers. Of those, only 27 were for self-insured employers. In 2023, 84 hearings took place, with only 18 involving self-insured employers and in 2024, 81 hearings took place, with only 18 of those involving a self-insured employer.
While VSSRs are becoming increasingly common, especially for state-fund employers, an effective legal strategy can mitigate or prevent exposure.