Questions arise over the Occupational Safety and Health Act

• The National Federation of Independent Business filed an amicus brief in a case questioning whether Congress’s delegation of authority in the Occupational Safety and Health Act to write “reasonably necessary or appropriate” standards for a “safe” workplace violates the Constitution.
• NFIB argues OSHA’s statutory power to issue those safety standards is unconstitutional.
• NFIB’s brief argued core constitutional attributes require the application of a strong nondelegation rule, and 2) OSHA’s workplace safety rules are an unconstitutional delegation of the legislative powers.
• NFIB filed the brief with the American Farm Bureau Federation, National Association of Home Builders, and Restaurant Law Center.
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Concerns over fire service standard proposal

• The president of the Firefighters Association of the State of New York has strong reservations about OSHA’s proposed plans to significantly update a major fire service standard, but one fire service organization is voicing concerns about the far-reaching impact of the changes.
• According to OSHA, as part of the changes to the Fire Brigades Standard which was first published in 1980, the newly proposed “Emergency Response Standard” will expand safety and health protections for emerge
• The proposal will include major changes for protective clothing and equipment and significant improvements in safety and health practices that the industry generally accepts as standard procedures.”
• The firefighters group said the new standard, if approved, will dramatically change the face of the fire service in New York and across the nation.
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New rule makes rules tougher for chemical accidents

• The Environmental Protection Agency finalized a new rule that better protects communities from chemical accidents.
• The amendments to the Environmental Protection Agency’s risk management program include a new requirement for facilities in industries with high accident rates.
• The measure implements practicable, reliable safeguards” to help prevent or mitigate chemical releases and their consequences.
• The rule also emphasizes chemical facilities’ responsibility to evaluate the risks of climate change, which has increased the threat of extreme weather events.
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Michigan farm safety bill passes

• The Michigan House of Representatives approved legislation that would significantly reduce fines against family farms that don’t properly report the workplace death of an immediate family member.
• The bill passed with overwhelming bipartisan support and has been backed by the Michigan Farm Bureau since it was introduced in October 2023. HB 4011 is the freshman lawmaker’s first bill to make it through the Democrat-controlled House.
• Family farms will still have to report workplace fatalities — but the fines for failing to do so within an 8-hour window properly would be reduced by 80% if the family farm does not have any prior violations.
• The Michigan Occupational Safety and Health Administration requires employers to report any employee workplace death within 8 hours.
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