Right to work vs. OSHA

When does government regulation cross the line?

  • A court case in Mississippi raised the issue of whether there is a constitutional right to work that could limit the government’s ability to regulate business.
  • In March 2020, Columbus, Mississippi, enacted strict lockdown measures affecting private businesses and public places of worship in an effort to slow the spread of COVID-19.
  • They forced the mandatory closure of businesses, such as tanning salons.
  • One of those companies filed suit against the city, alleging the ordinance violated the Fifth Amendment of the United States Constitution, and won the case.

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TJX Cos. faces $239,290 in fines

  • OSHA issued citations to TJX Companies Inc., the operator of T.J. Maxx, Marshalls, HomeGoods and other department stores, for exposing workers to fire, entrapment, and struck-by hazards.
  • Inspectors found blocked exit routes and unstable merchandise storage at a T.J. Maxx Store in Pooler, in violation of federal workplace safety standards.
  • OSHA also found the company failed to keep the storage and receiving room free from an excess number of cardboard boxes and other trash, which exposed workers to slip, trip and fall hazards.
  • The inspection identified two repeat violations and one serious violation. OSHA proposed $239,290 in penalties.

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Hispanic contractors renew alliance

  • OSHA’s Dallas and Fort Worth Area offices and the Hispanic Contractors Association de Tejas have renewed a 2-year alliance to educate employers and employees on construction hazards.
  • OSHA and the association will continue to support construction industry employers, providing information, guidance, and training resources that will help protect the health and safety of workers.
  • The alliance is also focused on helping employers understand the rights of workers and the responsibilities of employers under the Occupational Safety and Health Act.
  • Through the alliance, the organizations will continue to address hazards that are inherent to the focus four hazards in construction.

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Peterbilt Motors reaches a settlement

  • Peterbilt Motors Co. agreed to pay $150,000 to settle a retaliation suit brought by the Department of Labor.
  • The lawsuit was on behalf of an employee who was allegedly fired after he raised concerns about Covid-19 safety protocols at the company’s Texas factory.
  • The truck manufacturer and the US Department of Labor asked Judge Sean D. Jordan to dismiss the case with prejudice on Monday.
  • PACCAR agreed to the settlement without admitting any improper conduct or wrongdoing, according to a US District Court for the Eastern District of Texas filing.

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