A magistrate judge is recommending that a federal court limit OSHA's authority to inspect a poultry facility to circumstances surrounding a specific injury, potentially undercutting stepped up efforts by the agency and advocates to increase oversight over the sector.
As EPA prepares to submit its final facility accident prevention rule for White House review, the agency is facing stepped-up calls from Republican attorneys general and some industry officials to withdraw the pending measure and overhaul it to ensure it will not exacerbate risks of terrorist attacks on industrial facilities.
A federal panel advising OSHA on how potential changes to the agency's facility worker protection rule might affect small businesses is opposing any agency mandate that facilities use strict safety measures, known as inherently safer technologies (IST), usually alternative chemicals or processes, and calling for additional analyses prior to any proposal.
OSHA has eased a controversial policy issued last year for determining whether a chemical is present in sufficient concentrations to warrant regulating a facility under the agency's process safety management (PSM) rule, after a legal settlement with the chemical industry that excludes hydrochloric and hydrofluoric acid from the policy and postpones enforcement.
OSHA has eased a controversial policy issued last year for determining whether a chemical is present in sufficient concentrations to warrant regulating a facility under the agency's process safety management (PSM) rule, after a legal settlement with the chemical industry that excludes hydrochloric and hydrofluoric acid from the policy and postpones enforcement.
Industry plaintiffs challenging OSHA's new worker injury reporting rule are planning to expand their lawsuit to oppose the rule's reporting requirements in addition to seeking to block anti-retaliation provisions, an industry attorney says, adding that those retaliation provisions are ripe for claims they are interpretation or guidance rather than rule.
A coalition of industry groups is seeking to block OSHA enforcement of portions of a new worker injury reporting rule, arguing that the agency has failed to show provisions that limit safety incentive programs and post-accident drug testing will reduce injuries, and that OSHA also failed to follow proper procedure in issuing the rule that exceeds its authority.
OSHA's plan to codify its controversial enforcement policy that narrows a long-standing exemption from its process safety management (PSM) standard for retailers is prompting strong criticism from industry groups in Congress and the courts, suggesting continuing battles over the issue.
Facing an almost certain legal challenge from industry groups, OSHA chief David Michaels is offering a broad legal and policy defense of the agency's new rule requiring facilities to report worker injury data, arguing the measure is legally justified and will encourage employers to provide safer workplaces, despite industry assertions that the publicizing such data will deter injury reporting.
OSHA appears poised to issue its controversial electronic recordkeeping and reporting rule, one of only two rules the agency is expected to issue before the end of the Obama administration, after the White House Office of Management & Budget (OMB) approved the measure April 29.