EPA, Climate Change and Regulatory Certainty

A federal appeals court has blocked EPA’s delay of its methane pollution rule. The court says that the reasoning EPA used, that interested parties didn’t have an opportunity to comment, was “unreasonable,” “arbitrary” and “capricious.”  As the New York Times explains, “Methane is a potent greenhouse gas 25 times more powerful than carbon dioxide.” So,…

Why Workers Wait So Long For OSHA Standards (And How Trump Is Making It Worse)

Attached here is an article I wrote for Law 360 about OSHA’s painfully slow process for issuing standards that protect workers, and how the Trump administration is trying to make it even slower. OSHA’s law, court decisions and OMB Executive Orders have already slowed the process to a crawl, but Trump’s Executive Order requiring one…

Industry calls EPA Proposal to Ban Bathtub Stripper a “Blatant and raw power grab”

Seventeen workers dying between 2000 and 2015 isn’t enough to convince the methylene chloride industry that more is needed than just labels on a can to prevent the needless deaths of worker stripping bathtubs. The Environmental Protection Agency’s proposed ban of methylene chloride as a paint stripper is a “blatant and raw power grab” of authority…

Trump Administration Continues to Attack Worker Protections

The New York Times takes another look at Obama administration worker protections that are being “revisited” in the early months of the Trump administration. Most of these stories — the Administration’s attempt to roll back the Beryllium rule’s coverage of construction and maritime industries, the delay in enforcement of the silica standard and proposed elimination…

Acosta Reassures Business Community: “The Labor Department will roll back regulations.”

Responding to withering criticism from his friends in the business community for allowing the Obama administration’s “fiduciary rule” to go into partial effect next month, Labor Secretary Alex Acosta has taken to the pages of the Wall St. Journal to reassure his corporate supporters that he (and President Trump) are, in fact, “committed—and rightly so—to…

BREAKING: OSHA Announces Delay of Recordkeeping Rule

Probably hoping no one would notice, OSHA today subtly buried  an “Update” deep in its website, announcing that it intends to propose a delay in requirements of its new recordkeeping standard. The target of this latest rollback is a rule issued last year to “Improve Tracking of Workplace Injuries and Illnesses” which simply requires employers already covered by…

Industry Petitions OSHA to Reopen Silica Standard

Representatives of the construction industry, as well as general industry have petitioned Labor Secretary Alex Acosta to reopen the silica standard, workplace safeguards that would save over 600 lives and prevent more than 900 new cases of silicosis each year.  This means that for every day implementation of the standard is delayed, almost two workers will die…

Short Stuff: Information to Make Your Life More Interesting

Raw Sewage and A Foot per Worker: The Labor Department filed a lawsuit against G Farms in El Mirage, Arizona for housing immigrant workers in “dangerous and unsanitary conditions and paying them illegally low wages,” the LA Times reports. Workers had been living in four yellow school buses and two trailers without windows, where they…