OSHA Advocates for Cannabis Safety Amid Federal Ban

OSHA Pushes for Cannabis Workplace Safety Despite Federal Prohibition

The Occupational Health and Safety Administration (OSHA) is stepping up its efforts to enforce workplace safety in the cannabis industry, despite cannabis remaining federally illegal. OSHA, a U.S. agency dedicated to ensuring safe and healthy working conditions across industries, has announced a new safety initiative targeting the cannabis sector in Colorado, where several serious workplace incidents have raised concerns. According to recent reports, the state has seen three cannabis-related workplace fatalities in the past seven years, a figure OSHA believes underscores the need for dedicated oversight in this industry.

Meredith Post, a compliance assistance specialist with OSHA, recently explained that federal prohibition of cannabis will not interfere with her agency’s commitment to ensuring the safety of workers in cannabis facilities. She emphasized that OSHA’s mandate—to protect workers regardless of the industry—is unwavering. “Legal or illegal, we have a responsibility to ensure safe working conditions,” she said, reiterating that the agency’s efforts are solely focused on worker safety, not the legality of the products involved.

Cannabis Workplace Fatalities in Colorado: A Troubling Pattern

The decision to focus OSHA’s new safety program on the cannabis industry in Colorado was informed by multiple incidents that highlight the potential dangers faced by cannabis workers. According to Marijuana Moment, three cannabis industry workers have lost their lives in workplace incidents in Colorado over the last seven years, with one incident involving a fall from an unprotected platform. These fatalities point to broader safety concerns within the cannabis industry, where rapid growth has often outpaced the establishment of rigorous safety standards.

In the past, OSHA inspections have revealed a range of safety violations at cannabis facilities, including inadequate material handling protocols, slip-and-fall risks, and a lack of required safety equipment such as guardrails and protective gear. Post stated that by initiating a formal emphasis program, OSHA aims to bring attention to these issues, encouraging cannabis employers to proactively address hazards that could lead to serious injuries or fatalities.

An Emphasis on Proactive Safety

Unlike general safety inspections, OSHA’s new emphasis program specifically targets industries where workers face a unique set of risks. In the cannabis sector, employees often handle volatile materials, use heavy machinery, and operate in confined or restricted spaces, where the risks of chemical exposure, equipment malfunction, and even air quality hazards are high. OSHA’s goal with this emphasis program is to encourage cannabis companies to implement robust safety measures before accidents occur.

Meredith Post shared that OSHA’s renewed focus could prevent further tragedies in the industry. “Our goal is to help employers identify risks and address them proactively,” she said. “By fostering a culture of safety in cannabis workplaces, we hope to reduce the risk of serious incidents, protect workers, and ultimately save lives.”

OSHA’s History of Inspections in the Cannabis Industry

For years, OSHA has been inspecting cannabis facilities despite federal prohibition. These inspections have revealed a variety of safety issues in areas such as chemical handling, ventilation, and general workplace safety standards. Many of these inspections led to citations for failing to meet federal safety standards, such as providing appropriate ventilation in areas where volatile chemicals are used, and maintaining guardrails on elevated platforms.

OSHA’s stance on cannabis workplace safety is simple but steadfast: as long as the industry employs American workers, the agency will work to ensure those employees are not exposed to avoidable risks, regardless of federal legality. According to Post, OSHA’s work in the cannabis industry would not change even if the substance were legalized federally.

“Whether cannabis is legal or not, OSHA’s primary concern is and always will be worker safety,” Post explained. “The hazards are present regardless of the product. Our focus is on protecting the individuals involved, not debating the legality of cannabis.”

Challenges and Unique Risks in the Cannabis Industry

The cannabis industry is relatively young, but it has already developed specific operational processes that carry unique risks. For instance, the extraction of compounds from cannabis plants often requires the use of flammable solvents, which can pose significant explosion and inhalation risks. These solvents, such as butane, are highly volatile, and inadequate ventilation or improper handling can easily lead to dangerous situations.

Other hazards in cannabis facilities include heavy machinery operations, repetitive motion injuries, and the handling of pesticides and other chemicals, which may not be commonly associated with other agricultural or manufacturing sectors. Workers in cannabis cultivation facilities, for example, are frequently exposed to pesticides used to control pests and pathogens that can harm cannabis plants, leading to potential chemical exposure if proper protective equipment is not used.

OSHA’s Role in Setting Cannabis Industry Standards

Due to the novelty of the industry and the federal government’s limited involvement in regulating cannabis, safety standards specific to cannabis operations are still in development. OSHA has been a driving force in establishing general safety standards that cannabis companies must adhere to, but industry-specific guidelines remain limited. Through regular inspections and consultations, OSHA aims to build a baseline understanding of safe practices in cannabis production and extraction, which can then inform future regulations as the industry matures.

By addressing cannabis-specific risks, OSHA’s program could serve as a model for developing comprehensive safety standards, and possibly influence other states where cannabis operations are rapidly expanding. OSHA hopes that by actively monitoring and providing guidance in Colorado’s cannabis industry, they can create a framework that other states can replicate to enhance safety on a national scale.

Federal vs. State Jurisdiction: Navigating a Complex Legal Landscape

OSHA’s involvement in cannabis safety also raises questions about how federal agencies can operate in industries that remain illegal at the federal level. The agency has managed to sidestep legal complexities by focusing strictly on workplace safety, a mission that applies uniformly across industries. However, this approach does come with limitations. For example, while OSHA can recommend industry-specific safety practices, it cannot regulate the use of cannabis or enforce compliance in areas directly tied to cannabis processing.

Moreover, cannabis companies often face limited options when it comes to insurance and liability coverage due to the federal prohibition, which can make it difficult for them to invest in costly safety improvements. OSHA hopes that by providing a clear set of guidelines, they can ease some of these burdens and foster a safer working environment within the constraints of the law.

Looking Forward: Expanding Safety Awareness Across the Industry

OSHA’s emphasis program in Colorado could be a stepping stone for broader cannabis safety initiatives across the U.S. Many states have legalized cannabis to some extent, whether for medical or recreational use, and the number of workers employed by the industry is growing. OSHA’s approach may encourage other states to consider their own safety programs for cannabis employees, potentially leading to nationwide recognition of industry standards.

OSHA’s proactive role in Colorado could set a precedent, encouraging cannabis employers nationwide to evaluate and improve safety measures within their own facilities. “We hope to create a ripple effect,” Post said. “With a strong focus on safety in Colorado, we’re aiming to inspire change in cannabis workplaces across the country.”

As the cannabis industry continues to expand, OSHA’s commitment to worker safety provides a critical safeguard for those navigating the risks associated with this young industry. While federal prohibition remains a barrier to regulatory consistency, OSHA’s emphasis program in Colorado is a vital step toward creating a safer working environment for cannabis employees nationwide. Through continued inspections, guidance, and an unwavering focus on safety, OSHA is working to protect the lives of cannabis workers, irrespective of federal legality.