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.
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.
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.
A newly published study finds public accusations against employers that violate OSHA standards are significantly more effective at boosting compliance than the agency’s facility inspections alone, not only at those workplaces but also at nearby competitors, concluding that “regulation by shaming” should be a top priority for OSHA.
OSHA is launching its next round of Susan Harwood Training Grants despite the Trump administration’s long-running efforts to defund the program, marking a win for defenders of the grants that support training and education for workers and employers on workplace safety and health hazards, responsibilities and rights.
Appellate judges at recent oral argument in a closely watched case over the scope of OSHA’s process safety management (PSM) standard gave little indication of how they plan to rule, as members of the three-judge panel all appeared to wrestle with several aspects of the highly complicated case.
OSHA is vowing to increase in-person inspections as states move to loosen restrictions on business operations due to the COVID-19 pandemic, replacing its interim guidance on investigating claims of workplace violations related to the disease with a plan to ramp up its enforcement actions as local conditions allow.
The U.S. Court of Appeals for the 10th Circuit is poised to hear oral argument May 6 in a closely watched suit over a decision by OSHA’s review panel upholding an enforcement action against an Oklahoma refiner for alleged process safety management (PSM) standard violations, which industry says unfairly expands the scope of the PSM.
State attorneys general (AGs) and employment lawyers are opposing the White House Office of Management & Budget’s (OMB) call for input on potentially tightening due process protections in civil enforcement actions at OSHA and elsewhere, arguing that there is no rational or legal basis for any such reforms.
OSHA has launched a National Emphasis Program (NEP) to focus its resources on enforcing silica standards for manufacturing, construction and several other industries, while also requiring states to adopt the NEP in order to identify and reduce or eliminate worker exposures to respirable crystalline silica (RCS) in the affected sectors.