High Standards: Protecting Workers in Cannabis Cultivation and Manufacturing

This growth is only further likely to accelerate following President Donald Trump’s December 2025 Executive Order directing the rescheduling of “marijuana” from Schedule I to Schedule III, a development we analyze in depth here.

With this anticipated expansion, cannabis operators must prioritize compliance with Occupational Safety and Health Administration (OSHA) standards, many of which are informed by the National Institute for Occupational Safety and Health’s (NIOSH) research and recommendations regarding workplace safety. Federal agencies have intensified their focus on this sector, rolling out new enforcement programs and guidance targeting heat hazards, extraction operations, allergens, and indoor air quality.

Federal Standards Applicable to Cannabis Operations

Federal OSHA standards apply in full to cannabis operations, and state plans must enforce standards at least as effective as federal requirements. For instance, OSHA’s National Emphasis Program (NEP) on heat illness prevention currently applies to indoor grow and extraction facilities, while NIOSH has identified respiratory allergens, carbon dioxide enrichment, and volatile solvents as priority occupational health risks.

State and Local Enforcement Initiatives

OSHA area offices have implemented targeted enforcement initiatives. In July 2024, OSHA’s Colorado offices launched a Local Emphasis Program targeting cannabis facilities, driven by three workplace fatalities, with 44 inspections over seven years, including many involving extraction fires and explosions. 

OSHA area offices in Massachusetts, along with OSHA state plans in California and New Mexico, have launched parallel initiatives, underscoring that operators face compliance scrutiny at multiple levels of government.

Key Hazards Under Regulatory Scrutiny

Heat Illness

Under OSHA’s NEP on heat, indoor grow and extraction facilities face heightened enforcement scrutiny. Indoor cultivation, particularly in greenhouse environments, presents significant heat exposure risks requiring prevention protocols consistent with federal guidance.

Extraction Hazards

Extraction operations present some of the most dangerous hazards in the industry, involving flammable liquids and compressed gases that have resulted in serious burns and explosions. Common solvents include hexane, heptane, ethanol, and butane. Electrical hazards compound these risks, with improper wiring and installations common in production areas classified as hazardous locations.

Respiratory Allergens and Sensitizers

Respiratory sensitization from cannabis dust is a significant emerging hazard. In 2022, a Massachusetts cannabis worker suffered a fatal asthma attack from airborne marijuana particulate. OSHA has cited employers for failing to evaluate and classify ground cannabis dust as a hazardous chemical under the Hazard Communication Standard.

NIOSH Health Hazard Evaluations have documented significant exposure levels, with respirable dust samples at one operation reaching 4.4 mg/m³ and total dust reaching 20.5 mg/m³. Studies by the National Institutes of Health and Centers for Disease Control and Prevention have demonstrated that occupational cannabis exposure poses a risk for allergic responses.

Carbon Dioxide Enrichment and Indoor Air Quality

CO2 supplementation for indoor cultivation can result in exposures above NIOSH’s recommended limit of 5,000 parts per million (ppm) in improperly ventilated rooms. Operators must design CO2 enrichment zones with atmosphere monitors and interlocks. Additional concerns include exposures to ozone, pesticides, volatile organic compounds, and biological agents.

Practical Steps for Compliance

Hazard Assessments and Engineering Controls

Employers must evaluate the hazards of chemicals they produce, including ground cannabis dust, and prepare Safety Data Sheets. Facilities should install local exhaust ventilation for trimming, grinding, and solvent transfer stations, and use enclosed, negatively pressurized extraction areas with High-Efficiency Particulate Air filtration. For CO2 enrichment areas, set threshold alarms no higher than 5,000 ppm and calibrate sensors quarterly.

Training and Standard Operating Procedures

Training deficiencies remain pervasive; for instance, a 2017 survey found only 15% of workers in the Colorado cannabis industry received continuous, structured safety training. Employers must train workers on identified hazards including heat illness recognition. Operators should maintain written respiratory Standard Operating Procedures, Lockout/Tagout procedures to disable hazardous equipment, and chemical hygiene plans addressing solvent storage, spill response, and eyewash station maintenance.

PPE and Medical Management

Facilities should provide appropriate personal protective equipment (PPE) including gloves and respiratory protection, schedule annual fit-testing and medical evaluations depending on the type of respirator in use, and offer health evaluations to employees who develop symptoms associated with workplace activities.

Preparing for OSHA Inspections

Most OSHA inspections will comprehensively address safety and health hazards across all cannabis operations, including extraction equipment, chemical storage, compressed gas systems, electrical equipment, and cultivation areas. Employers should conduct regular safety walk-throughs, maintain thorough records, and consider requesting no-cost consultation visits from state programs or engaging safety consultants to assist in building out their safety programs.

Final Takeaways

The cannabis industry’s regulatory landscape continues to evolve rapidly. With NIOSH guidance updates, OSHA emphasis programs, and state-level enforcement initiatives, operators must move beyond basic compliance. Those who proactively update hazard assessments, implement robust controls, and invest in worker training will be best positioned to protect their workforce and avoid costly enforcement actions.

ArentFox Schiff’s Cannabis group will continue to track developments. For further information on regulatory changes and research initiatives in the medical marijuana and CBD sectors, contact one of the authors or the AFS attorney with whom you normally work.