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On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative agencies. According to the Fall 2022 Agenda, the Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) are pursuing a long list of thirty regulatory actions, similar to the Spring 2022 agenda, including the addition of a rule regarding Procedures for Use of Administrative Subpoenas in OSHA investigations.…

Continue Reading OMB Releases Regulatory Agenda for Fall 2022 for OSHA/MSHA/DOL

On May 3, 2022, OSHA held a stakeholder meeting regarding the development of a nationwide occupational heat standard to prevent heat injuries and illness. The meeting featured opening remarks by Assistant Secretary of Labor, Doug Parker, Secretary of Labor, Marty Walsh, and Deputy Assistant Secretary of Labor, Jim Frederick.
Continue Reading OSHA Hosts Stakeholder Meeting on Heat-Related Hazards

On October 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) on Heat Injury & Illness Prevention in Outdoor and Indoor Work Settings. 86 Fed. Reg. 59309 (Oct. 27, 2021). As announced in the ANPRM, OSHA is seeking information about the extent and nature of hazardous heat in the workplace and the nature and effectiveness of interventions and controls used to prevent heat-related injury and illness. Comments on the Proposed Rule must be submitted by December 27, 2021.

Because outdoor and indoor work settings that lack adequate climate-controlled environments pose a risk of hazardous heat exposure for workers, the proposed rule applies to both indoor and outdoor work environments.
Continue Reading OSHA issues ANPRM on Heat Injury and Illness Prevention

While federal OSHA has not implemented new regulations for COVID-19, the push by some individual states to do so continues. Most recently, California passed a law that sets up new COVID-19 requirements for employers in the state, especially around providing notices and reports of workplaces exposures.
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Continue Reading California to expand Cal/OSHA authority on COVID-19 starting January 2021

The US Court of Appeals for the DC Circuit is currently considering a request by mine worker unions to require MSHA to create an emergency COVID-19 regulation. The parties have all finished submitting their briefs and now await a ruling. Husch Blackwell’s mine safety and health team represented national industry associations in filing an amicus (“friend-of-the-court”) brief to describe industry protections against the virus.
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Continue Reading As unions seek COVID-19 regulation, mining industry brief explains extensive efforts to protect workers

After a three-judge panel of the US Court of Appeals for the DC Circuit rejected an AFL-CIO request for an order requiring an emergency OSHA COVID-19 regulation, the union has petitioned for re-hearing by the entire Court. The rehearing request is pending.
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Continue Reading After DC Circuit rejects union petition for emergency OSHA rule on COVID-19, union seeks re-hearing

After a court rejected MSHA’s 2018 changes to its metal/non-metal workplace examination rule, tomorrow (Monday) MSHA will publish an announcement that reinstates the 2017 rule. The notice serves to “recognize[] the legal effect of the court order” and revise the rule to comply. Here are the key takeaways.
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Continue Reading MSHA reinstates its 2017 workplace exam rule to comply with court order

Just before the Labor Day holiday, the Mine Safety and Health Administration published a long-expected silica request for information (RFI) on possible further regulatory action to address silica (most often found as quartz) in workplaces. From past statements by current MSHA officials and the text of the RFI, it remains unclear how fast or how far MSHA may go in further the regulating exposures to one of the most commonly-found elements on Earth.
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Continue Reading MSHA moves ahead on silica RFI but leaves all options open