The Small Business Administration (SBA) Office of Advocacy is highlighting to the Justice Department (DOJ) worker protection laws in Washington state and Oregon that it says “impose significant burdens on small businesses” and should be preempted as part of a broader Trump administration effort to target such laws.
Jeffrey Clark Nov. 18 ended his tenure as acting administrator of the White House office that reviews rules from OSHA and other agencies at the end of the 300 days allowed by the Federal Vacancies Reform Act (FVRA) and is now serving as the office’s associate administrator, an Office of Management and Budget (OMB) spokeswoman says.
The American Chemistry Council (ACC) is raising concerns that OSHA’s plan to modify several substance-specific respirator standards could cause unnecessary confusion for employers because EPA has referenced at least one of the standards in its chemical risk management rules and is urging the two agencies to ensure they coordinate.
Construction-sector groups and occupational health experts are providing a mixed reaction to OSHA’s proposal to remove medical evaluation requirements from its respirator standard, with even some groups who support modifying the standard arguing that total elimination goes too far because such screenings are best practice.
Labor unions and other worker advocates are opposing OSHA’s proposal to remove some medical evaluation requirements in its respiratory protection rule, arguing the proposal is based on flawed reasoning and a lack of understanding of respirator use that is contrary to the law and will result in harm to workers.
Labor unions are opposing OSHA’s plan to eliminate the COVID-19 emergency temporary standard (ETS), pointing to the continued need for data transparency, although various unions differ on whether the agency should address their concerns through a permanent COVID-19 standard or a broader infectious disease standard.
A recent policy memorandum from the White House Office of Information and Regulatory Affairs (OIRA) aimed at speeding deregulatory efforts is likely to also affect the way OSHA approaches new regulations it deems necessary, with the agency prioritizing rules rooted in clear statutory text, one legal expert says.
A coalition of 14 states led by Pennsylvania and Illinois is outlining a series of legal arguments against OSHA’s proposal to narrow the agency’s interpretation of the General Duty Clause, raising concerns about the increased burden for states while echoing statutory and case law arguments raised by unions and occupational health experts.
A conservative regulatory reform group is strongly supporting OSHA’s proposal to narrow its interpretation of the General Duty Clause, saying the change “will restore regulatory clarity, align enforcement with statutory and constitutional limits, reduce burdens on small business, and reinforce respect for professional autonomy and risk management.”
Labor unions and occupational health experts are urging OSHA to withdraw a proposed rule that would narrow the agency’s interpretation of the General Duty Clause to exclude certain activities from enforcement, saying the proposal violates the agency’s statutory mandate and is based on faulty legal reasoning.