Industry attorneys say they expect that employers will increasingly challenge future OSHA citations after a federal appellate court found that the agency does not have a binding look-back period for determining whether an employer repeatedly violated standards, which can carry fines 10 times higher than an initial penalty.
A top House Democrat is working with NIOSH to identify “credible workplace exposure data” on various abrasive blasting materials that could be subject to the Obama OSHA's beryllium rule, suggesting policymakers are seeking to evaluate a controversial industry split over whether certain abrasive materials are subject to the rule.
House Republicans are urging their Senate counterparts to advance pending regulatory reform legislation that would raise the bar for OSHA and other agencies to craft new rules, charging the measure is needed to ensure agencies actually account for rules' impacts on small businesses.
As they struggle to get OSHA and others to prevent sexual harassment in the workplace, Democrats are pushing Labor Secretary Alexander Acosta to reinstate an Obama-era ban on federal contractors using forced arbitration proceedings, saying its secret process facilitates harassment.
As reports of sexual harassment dominate public discussion, labor groups and Democrats are stepping up their calls for OSHA and other federal agencies, as well as employers, to do more to prevent such harassment as a workplace safety issue.
A senior OSHA official is downplaying the prospect of significant consultation with EPA on chemical risks to workers under the revised toxics law as some industry groups have sought, calling the extent of such collaboration “hard to predict” and suggesting it is often unnecessary.
The Office of Management & Budget (OMB) has again found that the benefits of OSHA, EPA and other agencies' rules vastly exceed their costs, but the draft report issued late last week also indicates that the Trump administration is considering revising its accounting methods for rules in ways that could trim their estimated benefits in the future.
OSHA's Occupational Safety and Health Review Commission (OSHRC), which reviews administrative decisions, has found that inspectors with expired credentials still have the authority to cite employers for alleged violations and that it is the employers' responsibility to examine the officer's card before the inspection to ensure that they are “appropriate credentials."
A House hearing on Trump administration calls to prioritize collaborative approaches with industry at OSHA highlighted a sharp divide on the issue, with Republicans and industry seeking to simplify regulatory requirements and ease enforcement while Democrats called for strict enforcement to deter bad actors and promoted a bill to bolster protections under the Occupational Safety and Health (OSH) Act.
In the wake of an ethics controversy, the National Labor Relations Board’s (NLRB) has reinstated its strict Obama-era standard defining when contractors, franchisers and other entities are considered “joint employers,” though the move is unlikely to result in new enforcement of related OSHA guidance as conservatives and Trump administration officials have long opposed the standard.
A federal district judge has rejected a legal challenge brought by public interest groups to President Donald Trump's executive order (EO) directing OSHA, EPA and other agencies to identify two existing rules for potential repeal in exchange for every new rule they issue, saying the plaintiffs failed to prove harm from the order -- but stopping short of dismissing the case entirely.
House lawmakers are holding a Feb. 27 hearing where they plan to explore ways to bolster Trump administration calls to increase OSHA's focus on collaborative compliance-focused approaches with industry, an effort intended to avoid the Obama-era's focus on strict enforcement but which Democrats say jeopardizes worker protections.
Industry officials are raising significant hurdles to the Trump administration's proposal to charge fees to assist facilities in complying with the agency's accident and spill prevention rules, arguing such a program is unnecessary or that companies will need liability waivers or other incentives to participate.
The Supreme Court has unanimously rejected a request from a financial sector whistleblower to win protections from retaliation under Securities and Exchange Commission (SEC) rules, prompting concern from whistleblower advocates that the ruling will set a precedent that could undermine similar protections under other laws that OSHA enforces.
Democratic lawmakers are renewing their calls for the National Labor Relations Board (NLRB) to revisit its recent decision reversing an Obama-era “joint-employer” precedent that had prompted strict OSHA enforcement guidance, citing conflict of interest concerns with one of the board's GOP members that were recently confirmed by an internal inspector general (IG) report.
In a surprise to some industry observers, EPA appears to be downplaying prospects that it will appeal a recent precedential ruling that rejected its efforts to limit litigation over its denial of a citizen petition under the Toxic Substances Control Act (TSCA) to the administrative record, saying the agency will fight the litigation "on the merits."
House lawmakers are encouraging employers to bolster their workplace injury prevention programs to address opioid misuse after a hearing found that the epidemic is a growing safety concern among employers, though conservatives are cautioning against any new OSHA rules as the agency looks to address the epidemic as a workplace issue.
EPA is planning to seek congressional approval to collect industry fees to support the agency's popular Energy STAR program and supplement compliance assistance for facility accident and spill prevention rules, according to its fiscal year 2019 budget request, an effort that aims to offset proposed budget cuts for the programs.
The Senate labor panel has postponed the confirmation hearing of a Trump administration appointee to the National Labor Relations Board (NLRB) amid Democrats' concerns that an NLRB member participated in reversing an Obama-era “joint-employer” precedent that had prompted strict OSHA enforcement guidance, despite potentially having a conflict of interest.
As the Senate debates immigration policy, labor unions are renewing their calls to provide a pathway to citizenship for undocumented immigrants, saying providing such a path will help protect illegal immigrants from being exploited in unsafe working conditions.