Daily News

Six states operating under OSHA-approved state plans have yet to adopt their own rules to implement the Obama OSHA's March 2016 regulation updating limits for exposure to silica, raising legal questions and warnings from observers that it poses a significant “compliance dilemma” and jeopardizes workers' safety.

Critics of President Donald Trump's executive order (EO) forcing OSHA, EPA and other agencies to identify two existing rules for repeal for every new rule they issue are adding to their district court complaint over the EO, citing alleged harm from several agencies' delayed rulemaking efforts that the plaintiffs argue are a direct result of the order.

OSHA has ordered a Boston based flight company to reinstate a pilot who was terminated after reporting violations of Federal Aviation Administration (FAA) rules but who was protected under federal whistleblower laws, a “highly rare exception” according to government watchdog groups who are seeking to strengthen the agency's authorities.

Industry and public health advocates are skeptical that a Trump administration plan to create a new OSHA and EPA working group will better inform first responders of facilities' safety risks, with industry arguing EPA's facility accident prevention program already addresses the risk while an advocate is criticizing officials for rolling back Obama-era efforts to update the program.

EPA's Inspector General is launching a review of the agency's implementation and enforcement of its rule governing protections for contractors from lead paint dust during residential renovation and repairs, just as the agency is scrambling to comply with a court order to strengthen the rule's standard for determining when they must comply with the rule's safety requirements.

Industry attorneys say a slow nomination process has left Labor Secretary Alex Acosta to push the Trump administration's deregulatory agenda “without anywhere close to a full house,” and to expect a “minimalist deregulatory” approach and little policy changes from OSHA as the agency awaits Senate confirmation of permanent leadership.

Appellate judges hearing litigation over EPA's two-year delay of Obama-era revisions to the agency's facility safety rule are demanding that the Trump administration provide a list of all federal agency rules prior to 2017 where effective dates of existing rules were changed solely to allow time for a potential reconsideration of those regulations.

Manufacturers of slag abrasives used for industrial blasting, cleaning and other purposes are making an 11th-hour push to roll back OSHA's beryllium rule, releasing a new study that even non-slag abrasives, which some have suggested may be a safer alternative, contain beryllium, and that “unecessary regulations” impact the entire industry “regardless of material used.”

A new study linking low-level lead exposure with increased risk of adult deaths from cardiovascular disease could help EPA strengthen its cost-benefit analyses and drive new or updated rules to address the metal, including a measure addressing lead paint in public and commercial (P&C) buildings where the agency is struggling to assess risks to adults.

Nearly a year after missing a court deadline, EPA is renewing its calls to indefinitely delay a decision on whether it must regulate lead-based paint in public and commercial (P&C) buildings, even as it faces a steep deadline later this month to propose a companion measure updating its standards for lead paint in residential buildings.

Brushing aside administration requests to slash agency funding, Congress appears poised to approve an omnibus spending package for OSHA and other agencies before a looming March 23 deadline, moving quickly to approve a $1.3 trillion spending bill that provides a small overall increase for OSHA.

Worker safety groups are renewing their push to kill a Trump administration proposal to allow faster line speeds at swine processing plants, charging that the risk analysis accompanying the proposal is not complete because the agency failed to provide an external peer review as required by the Office of Management and Budget.

Responding to calls from Senate Democratic Leader Charles Schumer (D-NY), OSHA, EPA and other agencies have agreed to take steps to improve notifications to first responders when a local company is cited for serious violations involving flammable materials, likely clearing the way for OSHA nominee Scott Mugno to secure a confirmation vote.

Democrats are stepping up efforts to codify Obama-era policies requiring federal agencies to reject contractors that fail to comply with workplace safety and other labor rules on a sector-by-sector basis after President Trump and congressional Republicans rescinded a government-wide executive order (EO) that barred firms with poor safety records from receiving contracts.

Rep.-elect Conor Lamb's (D) surprise victory in last week's special election in Pennsylvania -- with significant labor union support on a platform that included strong support for worker safety rules -- is bolstering efforts by labor groups seeking to build support for the issue in upcoming 2018 elections.

Appellate court judges appear to be backing the Trump administration's authority to delay the Obama-era rule strengthening EPA's facility accident prevention program, but some are questioning why the agency needs a two-year delay, suggesting it should quickly revise a controversial provision and allow other new protections to take effect.

House Republicans are advancing legislation that seeks to require OSHA and other agencies to ease public access to their “significant” guidance documents as part of a broader regulatory review effort targeting such informal policies, but are stopping short of acting on industry calls to subject guidance to formal notice-and-comment requirements.

The Government Accountability Office (GAO) in a new report is urging the White House Office of Management and Budget (OMB) to push OSHA, EPA and other agencies to avoid rushing rules into effect, especially late in a president's term, in order to ensure compliance with the Congressional Review Act (CRA), though OMB doubts that there is more it can do.

Government watchdog groups are pressing Congress to consolidate and strengthen OSHA's authorities governing private sector whistleblowers, citing in part a recent case where a Labor Department (DOL) board found that EPA officials wrongfully fired an agency whistleblower who was entitled to protections.

Citing inadequate OSHA rules, labor unions are urging the Environmental Protection Agency (EPA) to assess and strictly regulate chemicals that pose risks to workers, pushing back against industry efforts to require the agency to defer to OSHA to regulate those exposures.