Former Occupational Safety and Health Review Commission (OSHRC) Chairman James Sullivan has left the panel to return to private practice, opening a seat on the three-person panel more than a month before his term was slated to expire and setting the stage for President Joe Biden to name his first OSHRC nominee.
Animal welfare advocates challenging the Trump administration’s line-speed waivers for pork slaughterhouses say the Agriculture Department (USDA) is moving slowly, if at all, on a potential reconsideration of the policy, and they are renewing their push for a court ruling that would declare the waivers unlawful.
The Occupational Safety and Health Review Commission (OSHRC) has overturned a 2018 OSHA citation to a construction firm for falling hazards at a subcontractor’s worksite, holding that while the agency proved the company was a controlling employer at the site there was scant evidence that it was aware of the subcontractor’s violation.
Workers at an Amazon warehouse in New York are asking a federal appeals court to hold that even a binding OSHA COVID-19 standard would not preempt their claims that the retail giant violated state pandemic safety mandates, despite a district judge’s ruling that such protections are part of OSHA’s “primary jurisdiction.”
OSHA and public health groups are at odds over whether to pause the appeal of a court challenge to the Trump-era rollback of the agency’s 2016 recordkeeping rule, with the Biden administration vowing to review and possibly reconsider the action but plaintiffs in the suit saying they will not support more than a short-term stay.
A California superior court judge is rejecting industry calls for a preliminary injunction blocking the enforcement of California OSHA’s (Cal/OSHA) COVID-19 worker health and safety emergency temporary standard (ETS) adopted last year, while also saying the plaintiff groups are unlikely to prevail on the merits of the case.
Unions and environmental groups are asking courts to overturn EPA’s findings on whether workers face “unreasonable risks” from a host of chemicals including asbestos and the solvent methylene chloride, even as the agency itself is wrestling with whether to craft new rules for the substances in addition to OSHA standards.
New York is suing Amazon over what it claims is the retail giant’s failure to protect workers from COVID-19 at its facilities in New York City, creating another front in the wide-ranging court battle over whether OSHA’s “primary jurisdiction” over workplace safety preempts states’ enforcement of their pandemic rules.
OSHA is maintaining its defense of a Trump-era decision not to take enforcement action against a Pennsylvania meat-packing plant over conditions workers say pose an “imminent” threat of COVID-19 infection, even as the Biden administration is vowing to pursue stricter workplace safeguards and enforcement during the pandemic.
Amazon is suing New York’s state government to block an enforcement action over COVID-19 exposures at one of its warehouses -- claiming the action is preempted by the OSH Act and further escalating a legal battle over whether states can enforce their pandemic protections in workplaces that OSHA regulates.