Enforcement

Federal judges considering a rare suit under the OSH Act provision allowing workers to sue OSHA for failing to take action over an “imminent danger” raised doubts at oral argument on whether they can still provide any relief to the plaintiffs more than two years into the case, among an array of other questions on the results both sides are seeking in the appeal.

The U.S. Court of Appeals for the 3rd Circuit is set to hear oral argument next week in a suit brought by workers at a Pennsylvania meat plant challenging the Trump OSHA’s refusal to take enforcement action over what they say was an “imminent danger” of COVID-19 infection at their workplace, in a test of one of the OSH Act’s few private rights of action.

Two Universal Health Services (UHS) subsidiaries are asking the U.S. Court of Appeals for the 3rd Circuit to reverse an Occupational Safety and Health Review Commission (OSHRC) decision that they say created a “near-boundless” test for when multiple companies can be considered a joint employer under the OSH Act.

OSHA finalized a “complete overhaul” of its handbook for investigating whistleblower retaliation complaints, incorporating a long list of previously separate guidance into the core manual and setting new procedural requirements for various steps of the process, triggering a mandate for state plans to adopt their own version of the new document.

OSHA is seeking a massive $1.2 million penalty from the discount retail chain Family Dollar over alleged violations at two Ohio stores that the agency says are the latest in “a long and disturbing history” of similar safety hazards at the company’s facilities, underscoring the Biden administration’s efforts to step up the agency’s enforcement program.

OSHA is seeking $110,630 in penalties for an ammonia leak at a Georgia poultry plant that the agency says hospitalized two workers and forced dozens more to evacuate, as the agency prepares to pursue an update to the process safety management (PSM) standard at the heart of the case, in parallel with EPA’s reforms to its own facility-safety rule.

The Occupational Safety and Health Review Commission (OSHRC) has upheld a General Duty Clause citation that OSHA filed against a Pennsylvania construction firm in the wake of a fatal equipment collapse, holding that the citation for failure to perform required maintenance is valid regardless of whether that failure caused the accident.

Democrats on the Senate Appropriations Committee are proposing a $68 million fiscal year 2023 funding increase for OSHA in hopes of restarting long-stalled talks with the GOP on spending legislation, just as the chamber’s leaders are embracing a deal with Sen. Joe Manchin (D-WV) on a reconciliation bill that appears to exclude long-sought boosts to OSH Act penalties.

The Department of Justice (DOJ) has announced it is directly investigating workplace safety concerns and “related issues” at multiple Amazon warehouses, in the wake of a worker death at one of the company’s New Jersey facilities -- a step one Democratic lawmaker says is “exceptionally rare” and justifies a strict OSHA response as well.

A Texas construction firm is suing over OSHA’s citation for a 2016 accident where a worker was seriously injured when a crane touched a live power line during disassembly, after the Occupational Safety and Health Review Commission (OSHRC) twice rejected the employer’s defenses -- including that the crane safety standard should not apply.