Congress

The Trump administration is requesting a slight increase for OSHA’s overall budget for fiscal year 2020, with some additional funds aimed at hiring new whistleblower and facility inspectors in high-hazard industries, a plan that is likely to ease concerns from Democrats, who have highlighted what they say is the agency's inadequate inspection force.

Heather MacDougall, chair of the administrative commission that reviews OSHA penalties and citations, has announced plans to resign in the coming weeks, a move that will leave the panel without a quorum -- and unable to rule on several pending cases -- as another member's term is slated to expire.

House Democrats are planning to quickly advance legislation setting deadlines for OSHA to craft a standard addressing workplace violence in the healthcare sector, but the legislation is facing stiff opposition from Republicans, suggesting that pending companion legislation in the Senate is unlikely to advance.

Democratic and Republican lawmakers, along with Trump administration officials, agreed during a Feb. 27 hearing on the need for a long-term reauthorization of the Department of Homeland Security's (DHS) chemical facility safety program but lawmakers appeared divided on whether to provide additional regulatory flexibility to industrial facilities.

Sen. Elizabeth Warren (D-MA) is pledging to renew efforts to get the Defense Department (DOD) to weigh contractors' safety records before awarding contracts after the Government Accountability Office (GAO) found a series of contractor violations as well as problems with OSHA and DOD tracking systems.

An Administrative Law Judges (ALJ) has upheld a penalty OSHA imposed on a healthcare facility under its General Duty authority for not adequately addressing workplace violence, highlighting the issue just as House Democrats prepare to push newly reintroduced legislation requiring the agency to craft a workplace violence standard.

Exxon Mobil is urging an appellate court to uphold a ruling that barred the U.S. Chemical Safety and Hazard Investigation Board (CSB) from enforcing document requests about chemicals that are stored on site but not released as a result of an incident, arguing the Clean Air Act does not provide CSB with power to subpoena for documents related to “potential” releases.

Labor groups are petitioning the Trump administration to retract a proposed Labor Department (DOL) rule easing child labor safety laws in the health sector because it violates the Information Quality Act (IQA), a little-used law that courts have found to be unenforceable, though advocates say the petition could bolster a future suit under other laws.

Taking a page out of Republicans' playbook, House Democrats are trying to use the Congressional Review Act (CRA) to rescind the Trump OSHA's rule rolling back Obama-era recordkeeping requirements, a messaging exercise as the effort will almost certainly not be considered in the GOP-controlled Senate.

House Democrats have reintroduced and expanded legislation seeking to strengthen the Occupational Safety and Health (OSH) Act by covering additional workers and bolstering protections for whistleblowers while also enhancing penalties, though an employers’ attorney suggests the bill is unlikely to pass the Senate or reach the president’s desk.