A three-judge panel of the 6th Circuit during Dec. 11 oral argument grappled with how to resolve a paper company’s challenge to OSHA enforcement citations where there are apparent deficiencies with the administrative law judge (ALJ) decision on appeal but potential limits on how the court can address them.
OSHA is touting its use of “letters of interpretation” over the past year as a way “to ensure the consistent and transparent application of federal workplace safety and health standards,” saying the “letters provide clear explanations that support compliance and training requirements, helping to keep America’s workers safe and healthy.”
The labor union representing correctional officers at a federal prison in Illinois is pointing to OSHA’s recent citation of the facility for its failure to ensure employees are not inadvertently exposed to lethal drugs when opening mail, in order to highlight what it says is a potentially fatal risk at similar facilities nationwide.
OSHA has extended through Dec. 4 the deadline for employers to respond to citations that were issued right before or during the government shutdown, explaining that shutdown days do not count toward the law’s 15-day period to contest citations.
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Jonathan Snare was sworn in as the new chairman of the Occupational Safety and Health Review Commission (OSHRC) Nov. 24, although it is unclear when the panel will reach a quorum allowing it to hear appeals of OSHA enforcement actions that have been adjudicated by an administrative law judge (ALJ).
North Carolina’s Republican labor commissioner is urging Senate Democrats to end the ongoing federal government shutdown, warning that unless OSHA grants to states are restored, North Carolina will be forced to furlough safety inspectors, putting the state’s workers at risk.
Labor unions and occupational health experts are urging OSHA to withdraw a proposed rule that would narrow the agency’s interpretation of the General Duty Clause to exclude certain activities from enforcement, saying the proposal violates the agency’s statutory mandate and is based on faulty legal reasoning.
Employers are closely watching a pair of related cases awaiting rulings from the 10th Circuit that could temper OSHA’s ability to issue citations under the General Duty Clause for workplace violence by imposing stricter requirements on the agency’s burden of proof, legal experts say.
The National Construction Policy Institute (NCPI) is outlining legislative and regulatory changes it says are necessary to create a “fair, predictable, and legally defensible” framework for OSHA’s controversial multi-employer citation policy, arguing the agency’s current approach is “unsustainable.”