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The cannabis industry's explosive growth in the United States has created unique challenges for workplace safety regulators. As state-level legalization expands and investments pour in, the Occupational Safety and Health Administration (OSHA) finds itself playing catch-up in an unfamiliar landscape. The rapid growth of cannabis businesses has outpaced federal oversight. The result: OSHA cannabis industry worker safety lags as OSHA struggles to navigate complex terrain and develop an approach to cannabis worker safety.
The regulated cannabis market is projected to exceed $31.4 billion in sales in 2024, marking a 9% increase from the previous year. However, this rapid expansion has outpaced the sector's federal oversight of occupational health and safety. While OSHA has begun enforcing existing workplace safety standards in cannabis facilities, the agency faces significant hurdles in addressing industry-specific hazards.
OSHA's effectiveness in the cannabis industry has been hampered by longstanding federal resistance to cannabis legalization and reclassification. The recent announcement of intent to downgrade cannabis from Schedule I to Schedule III under the Controlled Substances Act marks a significant shift. Still, it comes decades after states began legalizing medical use. This delay has limited OSHA's ability to conduct thorough research and develop targeted safety recommendations through its National Institute for Occupational Safety and Health (NIOSH) research arm.
Many cannabis businesses undergoing OSHA investigations have found themselves in the unusual position of educating compliance officers about their industry. This knowledge gap has sometimes resulted in citations that don't quite fit the unique aspects of cannabis operations, as exemplified by the 2022 case involving Trulieve Holyoke Holdings, LLC.
OSHA cited Trulieve for treating ground cannabis dust as a "hazardous chemical" following an employee's death. However, Trulieve successfully contested the citations, highlighting the lack of scientific data on cannabis dust hazards. The case resolution required Trulieve, not OSHA, to study whether ground cannabis dust should be classified as hazardous, underscoring the industry's role in establishing its own safety standards.
Recognizing the need for a more tailored approach, OSHA has recently increased its focus on the cannabis sector. The agency hosted a webinar earlier this year titled "OSHA Enforcement and Guidance on Protecting Workers within the Cannabis Industry," where officials discussed potential hazards across different segments of the industry:
OSHA is also exploring how existing standards in agriculture and related industries might be applied to cannabis operations. For instance, the agency has referenced NIOSH's guidelines on Green Tobacco Sickness as a potential model for addressing similar risks in cannabis cultivation.
As OSHA continues to develop its expertise in cannabis industry safety, businesses should anticipate increased enforcement activity. Proactive steps for cannabis employers include:
The cannabis industry's rapid evolution presents both opportunities and challenges for workplace safety regulation. As OSHA works to bridge its knowledge gap and develop more targeted guidelines, cannabis businesses must remain vigilant in prioritizing worker safety. By staying informed of regulatory developments and implementing robust safety measures, the industry can help shape a safer future for its workforce while navigating the complexities of federal oversight.
