Rulemaking

A trade group is calling on EPA to partner with OSHA on a reworked version of its proposed rule banning current uses of chrysotile asbestos, arguing that TSCA requires the two agencies to coordinate and gives a leading role to the work-safety agency, even as unions and public health advocates say OSHA’s asbestos limits too outdated to protect workers.

The coalition of unions suing OSHA to revive its COVID-19 emergency temporary standard (ETS) for the healthcare sector say the agency’s self-imposed timeline for a permanent rule appears at risk of slipping by as much as two months, citing comments by Labor Secretary Marty Walsh during a Senate appropriations hearing.

California OSHA’s (Cal/OSHA) proposed workplace violence-prevention standard for “all industries” is coming under fire from state-level labor groups that say it is far narrower and less stringent than the agency’s existing rule that applies to healthcare facilities.

Labor union representatives are attacking California OSHA’s (Cal/OSHA) proposal to remove “exclusion pay” requirements from its proposed long-term COVID-19 worker-safety regulation, saying that if the state drops its existing requirement to pay infected workers for time away from their duties many will come to work sick and further spread the virus.

Employers are lining up against OSHA’s proposed withdrawal of federal approval for Arizona to operate an OSH Act state plan, saying the move has no reasonable basis and would undercut a “highly effective” program, while national unions and safety professionals are hailing the proposal as a necessary step for worker protections.

Petrochemical and other industry groups are urging the White House not to tighten mandates under EPA’s risk management plan (RMP) program that requires facilities using very hazardous substances to follow plans to reduce risk of dangerous releases, as the agency moves toward reviving Obama-era policies that the Trump administration rescinded.

The Industrial Commission of Arizona (ICA) is raising a long list of defenses against OSHA’s proposal to withdraw its state plan authority under the OSH Act, saying the federal agency’s claim of a “history of shortcomings” by ICA is merely a “pretext” for a revocation and that it has never established a legal standard to deem a state program inadequate.

Employers and labor-aligned groups are renewing their longstanding arguments on the merits of OSHA’s expanded electronic recordkeeping and reporting mandates in response to the Biden administration’s proposal to generally unwind a Trump-era rollback of those requirements, with unions again welcoming the rule while industry calls it unnecessary or dangerous.

With little warning, EPA has revived and finalized a 2016 proposal that aims to harmonize its approach to regulating new chemicals with OSHA’s overall worker protection practices and the terms of that agency’s 2012 Hazard Communication Standard (HCS) -- rejecting industry objections that certain policies are either inconsistent with TSCA or redundant.

OSHA is floating a wide range of ways to tighten its decades-old lead exposure standards, including stricter medical removal requirements or even strengthening the permissible exposure limit (PEL) that forms the basis for many of the rule’s provisions, and is also asking stakeholders to weigh in on using state-level proposals in California and Washington as models.