Rely on Occupational Safety & Health ReporterSM for full news coverage and documentation of federal and state workplace safety and health programs, standards, legislation,...
Unions are fighting an industry request for a federal judge to allow time for the Trump administration to decide if it will defend OSHA’s 11-month-old silica rule.
“It is at best cynical, and at worst a derogation of the rule of law, for the industry petitioners to ask this Court to assume that the new administration will see fit to ignore the factual determinations OSHA reached,” the unions said in a motion filed Feb. 9 with the U.S. Court of Appeals for the District of Columbia Circuit ( N. Am. Bldg. Trade Unions v. OSHA , D.C. Cir., 16-1105, 2/7/17 ).
The unions asked the judge not to grant the industry request to delay, for 60 days, a series of filing deadlines for briefs detailing the opposing sides’ positions.
The union-backed rule sets tougher exposure limits for silica that can be inhaled by workers, especially those in the construction industry (81 Fed. Reg. 16,285). About 2.3 million workers are exposed to silica and of those, about 940,000 are exposed to silica levels exceeding the new standard, according to the Occupational Safety and Health Administration (RIN:1218-AB70).
The unions are the AFL-CIO, United Steelworkers, United Auto Workers and North America’s Building Trades Unions.
The current case schedule calls for industry groups and unions to submit briefs Feb. 24 and to file final briefs March 23.
The industry groups filed a motion Feb. 7 asking for the court to delay initial brief filing until April 25 and to push back filing final briefs to May 22.
President Donald Trump’s nominees for secretary of Labor, Andrew Puzder, is scheduled to have his first confirmation hearing on Feb. 16. A confirmation vote by the full Senate likely wouldn’t take place until March.
Trump has yet to nominate an OSHA administrator or deputy.
Victoria Bor of Sherman, Dunn, Cohen, Leifer & Yellig PC; Jeremiah Collins of Bredhoff & Kaiser PLLC; and Randy Rabinowitz of the Occupational Safety & Health Law Project represent the unions.
To contact the reporter on this story: Bruce Rolfsen in Washington at BRolfsen@bna.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)