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U. S. Supreme Court maintains agency's regulatory authority

The Supreme Court declined to hear an appeal by Ohio-based construction contractor Allstates Refractory LLC, which challenged the authority to issue workplace safety standards. By declining to hear the case, it upheld the 6th U.S. Circuit Court of Appeals decision to dismiss the case and uphold the constitutionality of the power Congress delegated to OSHA.

However, two other Supreme Court decisions could have a significant effect. The high court struck down a 40-year precedent known as the Chevron deference and ruled that courts - not federal agencies - are the true decision-makers on resolving ambiguities in laws. Like most laws, there are ambiguities and gaps in the Occupational Safety and Health Act of 1970. It's anticipated that this could make it more difficult to issue standards and lead to more lawsuits to overturn regulations.

Another Supreme Court decision in Securities and Exchange Commission v. Jarkesy may affect how legal disputes with OSHA or the Mine Safety and Health Administration (MSHA) are settled. The court ruled that SEC may not use administrative law judges (ALJ) while seeking civil penalties for alleged securities fraud. Instead, the agency must take its cases to federal court, where parties alleged of fraud would have a jury trial. Both OSHA and MSHA use ALJs, along with review commissions, to settle disputes stemming from citations.

However, the majority decision referenced a 1977 case, Atlas Roofing v. OSHRC, when the Supreme Court ruled that the "public rights" exception applied and allowed "legislative courts" to rule. Experts speculate that the "public rights" exception may not apply in every contested citation, such as a workplace violence injury caused by a third party who is unaffiliated with the employer.



Spring 2024 regulatory agenda

The latest regulatory agenda shows eight potential standards have advanced in the rulemaking process. Two of those potential standards have moved to the final rule stage from the proposed rule stage. One is intended to clarify fit requirements for personal protective equipment in construction. The other is aimed at updating the standard on powered industrial trucks to the 2018 version of the ANSI PIT standard from the 1969 version.

Three standards have moved from the pre-rule stage to the proposed rule stage: heat illness prevention in outdoor and indoor workplaces, workplace violence in healthcare and social assistance, and process safety management to prevent major chemical incidents. A standard on shipyard fall protection has moved to the proposed rule stage from "long-term actions." A mechanical power presses update, meanwhile, has moved from the pre-rule stage to "long-term actions," which denotes that the rule won't be addressed for at least six months. The agency has a new entry in the proposed rule stage: "Rapid REDON Fit-Testing Protocol: Amendment to Respiratory Protection Standard Appendix A." This proposal stems from a request for approval on a new quantitative fit test.



Public hearing on emergency response standard scheduled

According to a notice published July 23, the virtual hearing is set for 9 a.m. EST on Nov. 12. If necessary, the hearing will continue from 9:30 a.m. until 4:30 p.m. Anyone wanting to testify during the hearing or question witnesses must submit a Notice of Intention to Appear before Sept. 27.

The proposed rule has met with opposition as many of the new requirements are considered burdensome for small and volunteer fire and emergency service departments.



Emphasis programs in the South renewed

Effective July 1, Region 6, which includes Arkansas, Louisiana, New Mexico, Oklahoma, and Texas has renewed two of its emphasis programs and revised another. The two renewed REPs focus on poultry processing facilities and fabricated metal manufacturers.

The revised REP, for the health care industry, updates the "targeted" North American Industry Classification System codes for:



Avian flu hazard alert

Considering reports of avian flu in dairy cattle and "a small number of workers exposed to infected animals," a hazard alert has been issued in English and Spanish.



MSHA safety alerts



State Plans

Cal/OSHA
Indoor heat protections effective now

The indoor heat worker protections were approved July 23 by the Office of Administrative Law (OAL) and became effective immediately. The Heat Illness Prevention in Indoor Places of Employment regulation applies to most indoor workplaces. When the temperature reaches 82 degrees Fahrenheit, employers must take steps to protect workers from heat illness, including providing water, rest, cool-down areas, and training.

Additional requirements, where feasible, apply where the temperature reaches 87 degrees such as cooling down the work area, implementing work-rest schedules, and providing personal heat-protective equipment. Where workers wear clothing that restricts heat removal or work in high radiant heat areas, the additional requirements apply at 82 degrees.

MIOSHA

Coffee with MIOSHA

In conjunction with the American Society of Safety Professionals (ASSP) Greater Detroit Chapter, and Kelly Services, the next Coffee with MIOSHA is August 21, 2024, 9 - 11 a.m. at Kelly Services, 999 West Big Beaver Road, Troy. Registration is required.

Training calendar

MNOSHA

Child labor laws

The agency reminds employers of the importance of complying with the state's child labor laws. The DLI has created a video to help teen workers, parents, employers, and educators learn about child labor laws.

July edition of Safety Lines

Topics covered in the quarterly publication include:


NC OSHA

Maximum and minimum penalties increase

Effective July 1, 2024, minimum and maximum civil penalties associated with occupational safety and health standard violations in North Carolina increased. With certain exceptions, the N.C. Department of Labor adopts federal standards verbatim within six months of federal promulgation and uses the standards for enforcement. Maximum penalties for serious and other-than-serious violations are now $16,131 per violation and the maximum penalty for willful or repeated violations is $161,323 per violation.

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Recent fines and awards

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