Marijuana operators look to Colorado as OSHA eyes cannabis
In line with recent efforts in Colorado, OSHA has initiated proactive measures to improve safety standards in Missouri’s cannabis industry by contacting facilities to begin initial audits.
Colorado’s OSHA office launched a Local Emphasis Program (LEP) in July 2024, seemingly kicking off OSHA’s formal oversight and involvement in cannabis with the “new instruction.” The LEP specifically targets cannabis processing and cultivation facilities and aims to reduce severe hazards like chemical exposure, unguarded machinery, and fire risks from flammable substances.
This initiative provides a model for Missouri’s evolving regulatory landscape, where OSHA representatives have begun contacting Missouri regulators and licensed cannabis facilities to assess compliance and mitigate potential workplace hazards.
The LEP in Colorado serves as a timely blueprint for Missouri’s regulatory efforts.
Takeaways from Colorado’s LEP for Missouri Cannabis Facilities
Colorado’s LEP, which applies to all marijuana and hemp facilities within its jurisdiction, involves comprehensive inspections covering safety protocols, including chemical storage, air quality management, and equipment handling practices. The program underscores the importance of outreach efforts, such as newsletters and training sessions, to raise awareness among cannabis operators about health and safety risks. Additionally, OSHA has prioritized enforcement in facilities that handle hazardous chemicals, perform extraction processes, or use equipment prone to causing injury if mishandled.
Outreach and Inspection Protocols
To ensure safety compliance, OSHA’s Colorado offices conduct audits at facilities that engage in cultivation, extraction, and manufacturing. These inspections include reviewing records, safety training protocols, and compliance with hazard communication standards. Similar outreach and inspection protocols are expected to play a role in Missouri, where OSHA’s early audits aim to bridge safety gaps and establish consistent regulatory standards in cannabis facilities.
Impact on Missouri’s Cannabis Workforce
By adopting a proactive approach, OSHA aims to reduce risks of injury, illness, and fatalities among cannabis workers. Colorado’s LEP highlights critical protections, such as respiratory safeguards and proper handling of flammable solvents, which Missouri can expect OSHA representatives to prioritize in their initial audits. Colorado’s LEP program reflects a broader effort to implement best practices for worker safety across the cannabis industry, establishing a foundation for ongoing safety improvements in Missouri as the industry continues to grow.
In Missouri’s rapidly expanding cannabis industry, worker protections under the Occupational Safety and Health Administration (OSHA) play a critical role in safeguarding employees. As with any agricultural and manufacturing setting, cannabis workers face unique health and safety hazards, and Missouri’s regulatory bodies, alongside OSHA, are tasked with ensuring these risks are managed to promote a safer work environment.
Employer Responsibilities and Worker Rights
OSHA requires Missouri cannabis employers to maintain a safe workplace, and workers have a right to voice safety concerns without fear of retaliation. Employers must conduct regular safety training when introducing new equipment or processes. Workers also have the right to report unsafe conditions anonymously to OSHA.
Key OSHA Protections for Cannabis Workers
In Missouri, as in other states, OSHA enforces standards to protect employees from known hazards in cultivation, manufacturing, and retail facilities. Here are some primary protections relevant to Missouri’s cannabis industry:
- Chemical Exposure: Workers in cannabis facilities are often exposed to pesticides, fertilizers, and other hazardous chemicals. OSHA mandates that employers provide safety data sheets (SDS) for chemicals and train workers on proper handling and storage. The Hazard Communication Standard also requires labeling to prevent unintentional exposure.
- Air Quality and Ventilation: In cultivation and processing facilities, air quality can be compromised due to mold, dust, and vapors from cannabis plants and extraction processes. OSHA regulations mandate that employers monitor air quality and implement ventilation systems to protect workers from respiratory issues.
- Machine Safety: Trimming machines, extraction equipment, and other heavy machinery used in the cannabis industry pose risks of injury. Under OSHA standards, employers must implement lockout/tagout protocols to prevent machinery from being accidentally activated during maintenance or cleaning. Machine guards and other protective measures are also required to minimize the risk of accidents.
- Ergonomics and Repetitive Motion: Cultivation, trimming, and packaging tasks involve repetitive movements, which can lead to musculoskeletal injuries. While OSHA does not yet have specific ergonomic standards for the cannabis industry, it does encourage employers to provide training on safe handling practices and modify tasks to reduce strain.
- Fire and Explosion Hazards: In facilities where cannabis extraction is performed, flammable solvents such as butane and ethanol may be used, creating a risk of fire and explosions. OSHA mandates that extraction labs follow strict procedures for storing, handling, and disposing of these chemicals, often requiring ventilation and blast-proof rooms to contain any incidents.
Challenges and Gaps in Enforcement
Despite the protections in place, there are enforcement challenges. The cannabis industry is relatively new and lacks industry-specific federal OSHA standards, as cannabis remains federally illegal. This legal gray area can limit the scope of inspections and the development of targeted safety guidelines. Nonetheless, Missouri employers must adhere to general OSHA regulations that apply to all industries and may face state-level enforcement actions for non-compliance.
In Missouri, where the cannabis industry is a growing economic force, robust worker protections are crucial for both worker safety and industry sustainability. As the industry matures, there is ongoing pressure for more tailored OSHA regulations to address the specific hazards of cannabis cultivation and processing, ensuring that safety keeps pace with the sector’s growth.
