Court rejects Big Labor suit to force OSHA’s hand on Covid-19 standard

Sources: Associated Builders and Contractors, AFL-CIO, Washington, D.C.; CP staff

The U.S. Court of Appeals for the District of Columbia Circuit dismissed an AFL-CIO petition seeking an order compelling the Occupational Safety and Health Administration to issue an emergency temporary standard (ETS) for infectious disease and Covid-19 workplace exposure. “The agency is authorized to issue an ETS if it determines that ’employees are exposed to grave danger’ from a new hazard in the workplace, and an ETS is ‘necessary’ to protect them from that danger,” a three-judge panel concludes. “The OSHA’s decision not to issue an ETS is entitled to considerable deference.”

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