Exxon heads to federal court over reinstatement order from OSHA
- Exxon Mobil Corp. will argue before a federal appeals court over whether courts can enforce preliminary U.S. Labor Department orders in whistleblower cases.
- Attorneys for Exxon and former employees Lindsey Gulden and Damian Burch are set to square off at oral arguments in the U.S. Court of Appeals for the Third Circuit over a federal district judge’s refusal to enforce a reinstatement order from OSHA.
- The judge determined that he lacked jurisdiction under the Sarbanes-Oxley Act to enforce the order while final agency action on the scientists’ retaliation claims remained pending.
- The case allows the Third Circuit to clarify the scope of the federal court’s authority to enforce such preliminary reinstatement orders, a crucial remedy for workers who claim retaliation in violation of Sarbanes-Oxley’s whistleblower protection provisions.
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New EPA rules mirror OSHA
- The U.S. Environmental Protection Agency announced the Safer Communities by Chemical Accident Prevention Rule, which ushers in several changes to the Clean Air Act Risk Management Program.
- The rule represents the latest salvo in a decade-long battle to amend the RMP program that stretches back to the Obama and Trump administrations.
- EPA’s new Final Rule reintroduces key changes from past rulemakings that never took effect.
- The RMP requirements parallel the OSHA Process Safety Management (PSM) program.
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National Work Zone Awareness Week is observed
- NIOSH and various partners will observe a National Work Zone Awareness Week from April 15 to April 19 focused on the safety of road construction workers.
- The event aims to encourage safe driving through highway work zones, reminding drivers they can protect themselves and workers by slowing down, avoiding distractions, and being alert while driving.
- During Work Zone Awareness Week, many construction workers and employers will participate in a National Stand-Down to Prevent Struck-by Incidents.
- The industry observes work pauses for worker safety—referred to as “safety stand-downs”—that often include safety-specific “tailgate talks.” There’s also an annual “stand-down” focused on preventing falls in construction.
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Labor Dept. facing lawsuits over new contractor rule
- The U.S. Labor Department is being sued for its new worker classification rule, alleging the regulation is illegal.
- Freelance writers, a trucking company, and groups representing construction, financial services, and tech companies have challenged the rule in federal district courts in Texas, Georgia, Tennessee, and Louisiana.
- These workers contend the new standard, which will make it harder for businesses to use independent contractors, violates the Administrative Procedure Act and departs from the text of the Fair Labor Standards Act.
- The growing pile of lawsuits threatens to disrupt the Biden administration’s implementation of the new rule due to take effect this week.
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