A bipartisan group of Midwest and coal state House members is pushing legislation that would force the Mine Safety and Health Administration (MSHA) to develop new workplace COVID-19 protections for miners, in a sign that the partisan gridlock over broader OSHA standards might not extend to sector-specific policies.
A federal district judge is refusing a request from the Department of Agriculture (USDA) to halt litigation over its rule allowing higher line speeds at swine slaughterhouses so the agency can reconsider the policy, backing unions who have argued that the rule jeopardizes worker safety and should be scrapped entirely.
Democratic senators say President Donald Trump is failing to adequately coordinate and fund personal protective equipment (PPE) for healthcare workers and other “front-line” employees during the COVID-19 crisis, urging aggressive action to deliver the equipment regardless of any PPE provisions in the next pandemic response bill.
OSHA is citing a health care company over inadequate worker protections for COVID-19 at odds with requirements in its existing respiratory protection standards, in what appears to be the agency’s first major enforcement action against an employer for not implementing sufficient protections against the virus.
A new federal appellate court ruling is building on a prior denial of labor unions’ suit that sought an OSHA emergency temporary standard (ETS) for COVID-19, rejecting a similar case that applied to the mining industry specifically and further underscoring the importance of lawmakers’ negotiations on an imminent stimulus bill.
The U.S. Court of Appeals for the 5th Circuit in a new decision is rejecting OSHA’s broad reading of the universe of facilities subject to its safety standards for commercial diving, holding that the agency cannot apply the rule to aquarium divers because they fall under an exemption for “scientific” workers.
Virginia has approved its first-in-the-nation workplace standard for COVID-19 protections in a marker for other states weighing similar rules in response to OSHA’s refusal to craft a nationwide policy, even as congressional Democrats are renewing their push to force the agency to pursue a rulemaking in the next stimulus bill.
A federal appellate court is backing OSHA’s interpretation of its process safety management (PSM) standard against a poultry plant’s argument that the agency is applying an overbroad definition of “process” equipment subject to the rule, and is requiring more testing than “reasonable” engineering practices dictate.
House appropriators have released a report on their fiscal year 2021 OSHA funding bill that seeks to boost the agency’s enforcement budget by $10 million while calling for the agency to issue both a worker protection standard for COVID-19 and its workplace violence standard for health care, though it stops short of legally mandating either rule.
OSHA is finalizing its rule to “clarify” key elements of the 2017 general-industry exposure standards for beryllium including a new definition of “work areas” that won support from unions as a way to ease compliance with the standards and thus bolster worker protections, even as litigation over the underlying policy continues.
Labor unions say the Department of Agriculture’s (USDA) rule allowing swine slaughterhouses to raise line-speed limits regardless of worker safety impacts must be vacated, citing a recent Supreme Court decision they say shows that the agency’s refusal to consider safety data in the rulemaking is too fundamental a flaw to fix on remand.
Amazon.com employees say a federal district court can hear their suit seeking COVID-19 employee safeguards at a New York warehouse despite OSHA’s general authority over workplace safety, arguing that the agency’s “minimal steps” to address the pandemic give courts more room to act.
Amazon.com is asking a federal district court to reject a suit over its handling of the COVID-19 pandemic as an infringement on OSHA’s “primary jurisdiction” over workplace safety issues, arguing that allowing lawsuits to enforce state-level coronavirus policies would create “an inconsistent patchwork” of contradictory judicial orders.
House Democrats’ fiscal year 2021 funding bill for the Department of Labor would boost OSHA’s budget by $12 million from current levels, rejecting President Donald Trump’s requested cuts while maintaining a training grant program that the administration is seeking to end despite OSHA touting the grants as “success stories.”
Senate Majority Leader Mitch McConnell (R-KY) is voicing support for another COVID-19 stimulus measure in response to the nationwide rise in infections, teeing up a battle over employer liability waivers that he says will be a GOP requirement in any pandemic bill but which Democrats and labor groups have opposed just as strongly.
OSHA’s newly updated Unified Agenda of pending rulemaking actions adds only a few new items to its docket while delaying a host of previously planned proposals and final rules to summer or later, sparking fresh criticism from safety advocates who say the agency has slowed its regulatory work to a crawl.
The Department of Agriculture (USDA) is fighting labor unions’ argument that an Inspector General critique of USDA worker safety data undermines its contested rule allowing some slaughterhouses to increase line speeds, countering that the “preliminary” data has “no bearing on the validity of the Final Rule.”
OSHA is warning offshore fish-processing facilities to be prepared to quarantine workers who develop COVID-19 infections and to make plans for their safe transport back to shore, in the agency’s latest sector-specific virus guidance that highlights the challenges facing industries that depend on self-contained facilities.
Industry attorneys are largely welcoming a long-awaited IRS plan allowing companies to deduct from their federal taxes fines and penalties paid to the government under consent decrees, such as those resolving health, safety, and environmental enforcement actions.
The Department of Agriculture (USDA) is seeking remand from a federal district court to reconsider its rule allowing higher line speeds at some swine slaughterhouses after a judge faulted its consideration of worker safety risks, but labor groups challenging the policy oppose the reconsideration and say it would be a sham.