Judge Questions OSHA Pushback

May 4, 2023

Court case reviewing OSHA’s power

  • Appellate Judge Richard Griffin questioned why an Ohio construction company is challenging OSHA’s workplace safety rulemaking authority.
  • “The statute has been on the books for over 50 years. Why is the challenge being brought now?” Griffin asked.
  • The U.S. Court of Appeals for the Sixth Circuit is considering claims Congress improperly handed over its legislative power to OSHA when lawmakers created the agency in 1970.
  • Allstates Refractory Contractors filed the lawsuit in 2021 in Ohio after the company was cited for a serious OSHA standards violation that was ultimately settled.
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OSHA resolves naming lawsuit

  • Global Occupational Safety and Health Academy LLC agreed to stop using a name to resolve a trademark infringement lawsuit filed by OSHA.
  • Global OSHA, which provides workplace safety training programs, will also abandon its attempt to register a trademark.
  • The firm will no longer use the acronym “OSHA” or “Occupational Safety and Health Academy” as a trademark.
  • OSHA initially filed the lawsuit over the name in 2021.
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New program focused on workplace falls

  • OSHA has begun a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections.
  • The emphasis program will focus on reducing fall-related injuries and fatalities for people working at heights in all industries.
  • The targeted enforcement program is based on historical Bureau of Labor Statistics data and OSHA enforcement history.
  • Data shows that of the 5,190 fatal workplace injuries in 2021, 680 were associated with falls from elevations, about 13 percent of all deaths.
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Judge upholds OSHA citation

  • An administrative law judge with the Occupational Safety and Health Review Commission upheld the OSHA citation of UHS of Delaware Inc. and UHS of Fuller Inc.
  • The companies were penalized for exposing their employees to workplace violence without adequate protection at the Fuller Hospital in Attleboro, Massachusetts.
  • Review Commission judge Carol A. Baumerich found the companies operated Fuller Hospital as a single employer and affirmed OSHA’s serious citation.
  • The judge also determined that OSHA’s proposed abatement measures were feasible and that they would ultimately reduce the hazard of workplace violence.
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