September 16, 2026

Congress

Democrats are stepping up their efforts during Congress' lame duck session to kill House Farm Bill language that would codify a permanent waiver for retail facilities from OSHA's safety standards, though sources say that if lawmakers are unable to reach a deal on the Farm Bill this year, prospects for killing the OSHA language in 2019 would improve as Democrats will control the House.

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Top House Democrats are signaling they plan to closely scrutinize Trump administration plans to allow teens to independently operate powered patient lifts in healthcare, adding to the lengthy list of Labor Department (DOL) policies that could adversely effect worker safety that Democrats plan to address should they win back control of the House.

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Democrats who are expected to win control of the House in 2019 following Nov. 6 elections are preparing for a host of oversight hearings to block planned Trump OSHA rollbacks of Obama-era rules that strengthened requirements on beryllium, recordkeeping and other measures, as well as the agency's “failure to staff up,” a Democratic staffer says.

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Brushing aside concerns from Democrats and labor unions, the Trump administration has proposed reinstating an exemption from Labor Department (DOL) rules to allow teens to operate powered patient lifts in healthcare, arguing that guidance from OSHA and other agencies is sufficient to mitigate any risks.

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The Trump administration is expanding its rollback of an Obama-era injury and illness reporting rule with a new memo that critics say will curtail OSHA enforcement of the rule's anti-retaliation provisions, as dozens of Senate Democrats are urging the agency to drop a proposed rule that would limit the reporting requirements of the Obama rule.

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The Senate has approved bicameral legislation that funds OSHA and other agencies in fiscal year 2019, providing the agency with a $5 million increase over FY18 levels, well above the Trump administration's request as well as House approved language.

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A divided National Labor Relations Board (NLRB) is proposing a rule that would raise the bar for determining when contractors, franchisers and other entities are considered “joint employers,” opening the door to subjecting them to workplace safety and other requirements, arguing the rule will clarify existing confusion.

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Senate Republicans have introduced a bill to reauthorize a Department of Homeland Security (DHS) facility safety program that would streamline compliance for certain facilities, but rejects calls from House Democrats and the Government Accountability Office (GAO) to bolster the disclosure of facility data to first responders.

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Judge Brett Kavanaugh, President Trump's nominee to the Supreme Court, is defending his decisions governing OSHA and other agency regulations from his years-long record on a key appellate court, but he is drawing strong criticism from Democratic senators, who charge he will undermine regulatory protections.

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As the Senate Judiciary Committee prepares to launch hearings, labor groups and their Democratic backers are vowing to strongly oppose Judge Brett Kavanaugh, President Trump's nominee to the Supreme Court, citing in part his record that they say shows he has backed employers over OSHA, though they face a high bar as the GOP controls the Senate.

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