Attorneys representing an employer industry coalition are pressing California OSHA (Cal/OSHA) to amend its controversial COVID-19 emergency temporary standard (ETS) to clarify and ease certain key provisions of the rules, while also tracking “cleanup” legislation in the state legislature to further address uncertainty over the ETS.
Employers’ attorneys see OSHA’s newly announced national emphasis program (NEP) for COVID-19 as a major shift in the agency’s approach to the pandemic that could drive an immediate rise in enforcement, even as OSHA continues to weigh issuing an emergency temporary standard (ETS) for the virus.
Employers are urging OSHA to use its impending emergency temporary standard (ETS) for COVID-19 to standardize the nationwide approach to pandemic protections, by formally overriding state-level ETS rules and executive orders that have created a patchwork of workplace safety requirements against the coronavirus.
OSHA is launching a new enforcement “emphasis” program to tackle COVID-19 workplace exposures, bolstered with $100 million in funding for the agency through the newly enacted stimulus law that will in part assist the enforcement effort, amid suggestions that OSHA might delay an emergency safety rule for the virus.
The Mine Safety and Health Administration (MSHA) has updated its guidance for employers to protect mine workers from COVID-19 infections but continues to weigh whether to issue a binding safety standard for the pandemic at mines, even as OSHA is widely expected to unveil such a rule within days.
Workers at an Amazon warehouse in New York are asking a federal appeals court to hold that even a binding OSHA COVID-19 standard would not preempt their claims that the retail giant violated state pandemic safety mandates, despite a district judge’s ruling that such protections are part of OSHA’s “primary jurisdiction.”
Republicans on a House appropriations panel used a recent hearing on worker-safety issues in meat and poultry plants to call for an increased focus on vaccinating workers in the sector against COVID-19 as a better strategy than a strict OSHA standard, signaling how conservatives could seek to counter the agency’s imminent rule.
Republicans on the House labor panel are urging OSHA to reach out to employers as it crafts a widely expected emergency temporary standard (ETS) for COVID-19, warning that rules based on outdated science could have an “adverse impact” on workplace infection controls.
A Department of Labor Office of Inspector General (OIG) report faulting OSHA for reducing workplace inspections during the COVID-19 pandemic highlights the need for the agency to swiftly develop an emergency temporary standard (ETS) to control the spread of the virus among employees, according to a top House Democrat.
A California superior court judge is rejecting industry calls for a preliminary injunction blocking the enforcement of California OSHA’s (Cal/OSHA) COVID-19 worker health and safety emergency temporary standard (ETS) adopted last year, while also saying the plaintiff groups are unlikely to prevail on the merits of the case.