Daily News

Building and insulation companies are opposing California's proposed listing of spray polyurethane foam (SPF) products as a “priority product” for review under the state's landmark green chemistry program, charging it is unwarranted and that they already comply with OSHA rules, though environmentalists say those rules fail to adequately protect workers.

EPA has sent for White House Office of Management & Budget (OMB) pre-publication review a final rule that will delay by more than a year the effective date for the Obama-era rule overhauling the agency's facility accident prevention rule, which could give the Trump EPA sufficient time to revise controversial aspects of the regulation.

Labor Secretary Alex Acosta is promising that OSHA will balance enforcement with an increased focus on compliance assistance, pushing back on House Democrats' assertions that drastic cuts to the Labor Department (DOL) would harm worker safety, but he again sidestepped a request to commit to enforcing the Obama OSHA's silica rule.

Industry attorneys are detailing a strategy for securing new interpretations of OSHA rules that are favorable to employers and suggesting a slew of policies as possible targets, arguing that President Donald Trump's deregulatory orders and a recent court ruling create a favorable environment for such requests.

Sen. Patty Murray (D-WA), a top Senate Democrat on worker issues, is urging Labor Secretary Alex Acosta to reverse OSHA's recent decision to rescind an Obama-era guidance clarifying that workers may invite a union representative to join agency inspectors on non-union job sites, continuing Democrats' opposition to the Trump administration's scaling back of OSHA rules and policies.

Following Labor Secretary Alex Acosta's confirmation, industry attorneys see the chance to push for scaling back Obama-era OSHA policies, citing the recent delay of an injury reporting obligation and repeal of a controversial inspection policy as signaling a shift toward OSHA promoting employers' interests even if the process happens slowly.

OSHA is opposing labor unions' request to intervene in an industry lawsuit challenging the Obama administration's final rule updating the agency's worker injury and illness reporting program, arguing unions failed to show that OSHA will not defend the rule in court to give them standing -- but suggesting a possible weakening of the policy.

Chemical and other industry organizations are sparring with labor groups over whether EPA has Clean Air Act authority for its delay of an Obama-era facility safety rule, with industry claiming the agency has “virtually unfettered discretion” for the move but labor arguing the air law's compliance mandates undermine the delay.

Nanomaterials users and producers are faulting EPA's draft guidance for implementing its nano reporting rule for failing to clarify which substances are covered by the regulation, vowing to highlight their concerns in comments on the policy but also renewing their push to repeal the entire rule either administratively or through litigation.

Industry groups are faulting the Obama EPA for not consulting with OSHA prior to proposing restrictions on certain uses of the solvent trichloroethylene (TCE) and two paint stripping chemicals, saying that violates the Toxic Substances Control Act (TSCA), though environmentalists say OSHA rules fail to adequately address the substances' risks.

Democratic senators are urging the Labor Department's (DOL) Inspector General (IG) to investigate the Trump administration's recent delays of Obama-era OSHA rules that bolster limits for worker exposures to beryllium and silica, suggesting the delays cave to industry pressure, and that the administration may never fully implement the rules.

President Donald Trump's fiscal year 2018 budget request largely spares OSHA from drastic cuts proposed across the federal government, but dramatically slashes funding for NIOSH and proposes to eliminate the U.S. Chemical Safety Board (CSB), which also seek to promote worker safety in various ways.

Obama era OSHA chief David Michaels is backing labor and other groups' suit challenging the legality of President Donald Trump's executive order (EO) that calls for repealing two rules for every new one, arguing the directive is incompatible with OSHA's statutory obligation to protect workers and creates an “unworkable situation” for the agency.

A petrochemical industry official serving on a panel convened to inform a future EPA Toxic Substances Control Act (TSCA) rule limiting reporting requirements on certain substances is urging the agency not to encroach on OSHA's authority to protect workers and suggesting reduced reporting for substances with no consumer exposure.

EPA has convened the stakeholder committee charged with negotiating a proposed rule to limit existing chemical data reporting rule requirements on manufacturers of inorganic byproducts when those products are recycled, reused, or reprocessed.

President Donald Trump's fiscal year 2018 budget request, due for release May 23, calls for cutting OSHA funding by less than 2 percent from 2017 levels, a cut that is less than some agencies are facing though a former deputy OSHA chief says any cut “can be devastating for workers” given the agency's flat or declining budget since 2010.

EPA is floating draft guidance clarifying its final nanomaterials reporting rule, including definitions of reportable and exempt materials, though the draft appears unlikely to prevent a lawsuit from nanomaterials producers and users over their claims that the final rule unlawfully failed to give them a chance to weigh in on the definitions.

EPA May 15 issued the “Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce” and will seek comment on the guide for 30 days.

OSHA is struggling to implement the Obama administration's rule overhauling the agency's worker injury and illness reporting program, facing hurdles in enforcing anti-retaliation provisions and lacking a portal for electronic reporting, potentially providing fodder for the Trump administration to scale back the rule, an industry attorney says.

“It's turning out to be a little more of an enforcement challenge than OSHA originally anticipated when promulgating this rule,” Amanda Strainis-Walker, of Conn Maciel Carey LLP, which represents employers, told a

Construction and manufacturing groups are urging the Trump OSHA to stay and significantly revise the Obama administration's landmark final rule limiting worker exposures to silica dusts, arguing that companies are unable to comply with the rule and that reconsideration will allow the agency to fix defects in the issuance of the rule.

EPA and the chemical sector are sparring over the agency's claim that a panel convened to inform a future Toxic Substances Control Act (TSCA) rule limiting certain reporting requirements must reach “consensus” before crafting a rule, with industry arguing the rule is mandated and that legal options may be necessary to force it.

The American Society of Safety Engineers (ASSE) in a blueprint for OSHA reform is urging the agency to shift focus away from ensuring compliance with its rules to requiring companies to create and implement internal safety and health programs, arguing that the change would reduce the need for burdensome regulations and save agency resources.