Rulemaking

EPA is proposing to ban all ongoing uses of chrysotile asbestos in its most aggressive use yet of the reformed TSCA, based on its Trump-era findings that the chemical poses “unreasonable risks” to workers in the chlor-alkali and other sectors as well the public, but industry is already arguing that the rule is based on a flawed understanding of OSHA safeguards.

As the U.S. Court of Appeals for the District of Columbia Circuit prepares to hear labor unions’ suit that would force OSHA to revive its COVID-19 emergency temporary standard (ETS) for the healthcare sector, employers’ attorneys are now warning that the agency is advancing overly broad plans for a permanent rule based on the ETS.

OSHA is moving forward with a long-promised update to its lead exposure standard, based on what the agency says are “[r]ecent medical findings” showing that current blood lead level (BLL) limits are not stringent enough to avoid health hazards, just months after the Centers for Disease Control and Prevention (CDC) tightened its standard for high BLLs.

OSHA is formally proposing to revive Obama-era electronic recordkeeping and reporting mandates for employers’ injury and illness data, arguing that the Trump administration’s rollback of that rule in the name of worker privacy is no longer needed because “recent advancements in technology” will allow it to scrub public disclosures of any identifying details.

OSHA is formally seeking public input on its efforts to develop a permanent COVID-19 safety standard for healthcare facilities based on its defunct emergency temporary standard (ETS) for the sector, and is already floating a long list of potential changes that could broaden the rule’s scope or add more compliance flexibility for employers.

The White House Office of Management and Budget (OMB) has quickly completed its review of what one source says will be OSHA’s call for public comments to inform a permanent COVID-19 protection rule for healthcare facilities based on its emergency temporary standard (ETS).

California OSHA (Cal/OSHA) is preparing to soon release an updated version of its controversial COVID-19 worker safety emergency temporary standard (ETS), drawing fears from employers’ attorneys that the state will ramp up enforcement of the rule even as the contours of the update remain unclear.

Chemical industry safety groups are pushing back against advocates’ calls for EPA to expand its Risk Management Plan (RMP) chemical facility safety rule to include the substance ammonium nitrate and to account for climate change impacts, charging that such changes would be statutorily unworkable, redundant and could worsen supply-chain issues.

OSHA is preparing to open a new public comment period and hold at least one hearing to aid its development of a permanent version of the 2021 COVID-19 emergency temporary standard (ETS) for healthcare facilities, after vowing in court filings to complete work on that rule before the end of the year, according to a source familiar with the matter.

OSHA is issuing an interim final rule establishing new procedures for how it will investigate complaints of retaliation against whistleblowers who disclose information or assist in investigations of their employers’ allegedly illegal tax-related conduct, the first in a series of planned rulemakings to bolster protections for whistleblowers.