Daily News

The Labor Department’s Office of Inspector General (OIG) plans to launch a discretionary audit in fiscal year 2024 to determine whether OSHA has remedied what the watchdog office said were deep flaws in its pandemic-era enforcement program in a report issued less than a year ago.

The Department of Justice is touting new jury convictions and guilty pleas under both the OSH Act and Clean Air Act in its years-long prosecution of a Wisconsin milling company and several of the employer’s current and former officials over a 2017 explosion that killed five workers.

In a case that threatens long-time practices at OSHA and other agencies, Republican state attorneys general (AG) and industry groups are urging the Supreme Court to uphold the appellate ruling that found that Congress’ creation of administrative law judges (ALJs) for the Securities and Exchange Commission (SEC) violates key constitutional provisions.

Newly elected House Speaker Mike Johnson (R-LA) is setting a quick timeline for the House to mark up individual appropriations bills, forcing lawmakers to vote on a bill that seeks to slash funding for OSHA and other agencies in fiscal year 2024 while prompting new warnings from Democrats over a possible government shutdown next month.

The Mine Safety and Health Administration (MSHA) is accepting a slew of recommendations from the Labor Department's Office of Inspector General (OIG) based on an audit faulting many areas of its inspection and enforcement work, agreeing to increase reporting transparency, update mine status criteria and inspection tools and improve system controls.

EPA’s proposed TSCA rule for trichloroethylene (TCE) avoids taking a definitive stance on the long-simmering debate over contested research linking it to fetal heart defects, proposing a worker exposure limit based on that effect but also a less-stringent alternative that uses other effects, though even that option is much tougher than OSHA’s limits.

California OSHA (Cal/OSHA) officials are defending their proposal to strengthen worker-safety rules for lead exposure in the construction and general industry sectors from ongoing attacks by employer and industry groups, touting the science behind stringent new health-risk thresholds and arguing that industry has overstated their likely compliance costs.

Employer attorneys are raising concerns that OSHA’s upcoming revisions to the Hazard Communication Standard, or HazCom, will impose an array of new and unpredictable burdens for the chemical industry on an international scale, most prominently a mandate to gather data on “any hazards” substances may cause.

The American Chemistry Council (ACC) is asking a federal court to formally bar EPA from using the National Academy of Sciences, Engineering and Medicine’s (NASEM) contested peer review of the agency’s draft formaldehyde risk assessment in any of a litany of applications, including as support for strict workplace exposure limits under TSCA.

A workplace safety lawyer says OSHA could seek to cite employers for failing to comply with EPA's planned TSCA workplace exposure limits for several chemicals given the "very clear" intersection of the two agencies' missions, but will face several key legal questions if it tries to invoke "reach-over" authority to directly enforce TSCA mandates.

The Supreme Court has accepted a second case challenging the longstanding Chevron doctrine requiring deference to OSHA and other agencies’ readings of ambiguous laws, and will hear it “in tandem” with an already-pending suit from which Justice Ketanji Brown has recused herself, allowing the full court to weigh in and avoiding the possibility of a 4-4 tie.

Nine trade groups are asking EPA to initiate a pre-proposal small-business review of its hotly anticipated formaldehyde rule even before finishing the risk evaluation the policy will be based on, saying that unusual step would help ensure small employers are aware of the rulemaking process and can prepare for -- or help avert -- strict new workplace limits.

OSHA has sent a long-pending final rule to update its chemical hazard communications standard (HCS) for White House review, after industry groups warned the proposed version would require them to gather a “vast” amount of new information on such substances -- and even support more stringent policies from other agencies.

The contracting company challenging OSHA’s standard-setting power as unconstitutional is seeking en banc review of the case, both renewing its arguments that the OSH Act violates the Supreme Court’s non-delegation doctrine and saying a panel decision upholding the law created a new and possibly “ruinous” mandate that the agency “must” regulate workplace dangers.

A broad coalition of employers and trade groups is raising yet more objections to OSHA’s proposal to allow compliance officers inspecting a workplace to bring worker representatives on walkarounds even if they are not affiliated with that firm, saying the rule will conflict with other agencies’ authority while also creating major difficulties for inspections.

The White House Office of Management and Budget (OMB) has completed its review of EPA’s proposal to regulate trichloroethylene (TCE), setting the stage for renewed debate on which of two potential workplace exposure limits the agency should apply after a years-long clash over the solvent’s potential links to fetal heart defects.

Groups representing sheriffs and other first responders are again urging lawmakers to reauthorize the Chemical Facility Anti-Terrorism Standards (CFATS) program, warning that allowing it to lapse has increased terrorism risks and limited collaboration between local emergency services.

OSHA is clashing with the Labor Department’s Office of Inspector General (OIG) after it found the agency needs to do more to mitigate high injury and illness rates among warehouse workers, refusing to directly respond to recommendations and slamming OIG’s methodologies for the audit instead.

Major unions are asking EPA to reconsider its proposed TSCA rule that would allow employers to continue active uses of carbon tetrachloride (CTC) with stricter worker protections, arguing both that the agency has overlooked some applications of the solvent entirely and that it should ban those where it “lacks evidence” firms can meet a strict exposure limit.

California Gov. Gavin Newsom (D) has vetoed a bill that would have required household domestic service employers to comply with all California OSHA (Cal/OSHA) rules beginning in 2025, citing potentially exorbitant costs and the general unfairness of subjecting households and families to regulations intended for conventional businesses.