On April 9, 2021, the White House issued a press release announcing its nomination of Douglas Parker (Parker) for the position of Assistant Secretary for the Occupational and Health Administration (OSHA). Parker is currently the chief of California’s Division of Occupational Safety and Health (Cal/OSHA) and has held the position since 2019. Prior to 2019, he was a member of the Biden-Harris transition team, focusing on worker health and safety issues, and during the Obama administration was a deputy assistant secretary for policy at the Mine Safety and Health Administration, Department of Labor.

Cal/OSHA is one of five states that have published a COVID-19 emergency temporary standard (ETS) which we’ve previously discussed here. Parker though, is not the only California Department of Labor official nominated by the Biden administration to a leadership position at the U.S. Department of Labor (DOL). Julie Su, California’s Secretary of Labor has been nominated by the Biden administration to serve as the deputy U.S. Labor Secretary, the number two spot at the DOL. If confirmed, the presence of both Su and Parker give credence to speculation that if OSHA promulgates one or more ETS related to COVID-19, the standard(s) would incorporate provisions and perhaps lessons learned from the adoption and implementation of the California ETS.

Secretary of Labor Walsh recently reaffirmed that the DOL is rapidly reviewing the need for an ETS based on CDC analysis and the latest information regarding the state of vaccinations and variants to the COVID-19 virus. The CDC currently uses three tiers to classify COVID-19 variants: variants of high consequence; variants of concern; and variants of interest. At present, the CDC has not classified any of the known variants as a variant of high consequence. Nevertheless, the presence of  variants of concern and the potential for variants of high consequence are likely to affect DOL’s decision, as will the efficacy of vaccinating the U.S. population to prevent the variants from gaining a foothold in the U.S.

The Husch Blackwell Safety Law team will continue to monitor the DOL decisions regarding the implementation of a federal ETS and issuance of additional guidelines.

If you have questions regarding current obligations under OSHA guidelines and state law, contact Donna Pryor, Erik Dullea or your Husch Blackwell attorney

Tracey O’Brien, Legal Content and Knowledge Manager, is a co-author of this content.

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Photo of Donna Pryor Donna Pryor

A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.…

A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.

Donna has extensive experience in the production of precious metals, aggregates, cement, industrial minerals, coal, salt, potash, phosphate, granite, limestone, and oil and gas. She combines her legal skills and government knowledge with her litigation prowess for clients facing complex problems.

Photo of Erik Dullea Erik Dullea

A member of Husch Blackwell’s Technology, Manufacturing & Transportation team, Erik focuses on administrative/regulatory law, with an emphasis on heavily regulated industries and government contractors. He represents mine operators in MSHA enforcement actions, energy and industrial companies in OSHA enforcement actions, and advises…

A member of Husch Blackwell’s Technology, Manufacturing & Transportation team, Erik focuses on administrative/regulatory law, with an emphasis on heavily regulated industries and government contractors. He represents mine operators in MSHA enforcement actions, energy and industrial companies in OSHA enforcement actions, and advises airlines and their pilots challenging FAA and DOT enforcement actions. Erik advises government contractors on transactional matters, bid protests and civil litigation. He holds an active security clearance and has 20 years of experience in the aviation industry as both a Navy pilot and a commercial pilot. Erik is a co-chair of Husch Blackwell’s Unmanned Aircraft Systems practice group.

Photo of Tracey O'Brien Tracey O'Brien

With an enduring fascination with scientific concepts and their applications and a strong background in labor and employment law, Tracey helps healthcare, life sciences and education clients ensure compliance with employment laws and regulations. Tracey has extensive experience with age, gender, race and…

With an enduring fascination with scientific concepts and their applications and a strong background in labor and employment law, Tracey helps healthcare, life sciences and education clients ensure compliance with employment laws and regulations. Tracey has extensive experience with age, gender, race and disability discrimination; wrongful termination; human resources policies and personnel issues; and a wide variety of contracts.