OSHA Denial Of Heat Illness Petition Underscores Legal Stance On Emergency Regs

A key public interest group is decrying OSHA’s recent denial of a petition that called for the agency to work on a long-term heat exposure rule as well as issue an emergency temporary standard (ETS) to tackle the issue immediately – an agency decision that highlights OSHA’s legal stance regarding when it can pursue such temporary regulations. The agency suggests its hands are tied by case law on the legal threshold to issue an ETS, but still expresses concern about heat hazards and pledges to enforce the general duty clause when it can in heat illness cases. Industry has argued, however, that