The D.C. Circuit Court of Appeals rejected a petition by labor unions for OSHA to issue an “emergency temporary standard” to prevent the transmission of infectious diseases, including the coronavirus (COVID-19). The ruling was applauded by the U.S. Department of Labor, OSHA, the National Association of Home Builders (NAHB), and Associated Builders and Contractors (ABC).
The court sided with OSHA’s petition that it was the federal agency that should determine whether a standard was necessary. Further, the court ruled that OSHA’s decision to issue non-binding, industry-specific guidelines rather than an enforceable rule to protect workers from the global health pandemic was sufficient.
OSHA recently launched a webpage dedicated to COVID-19-related guidance for the construction industry, including guidance on actions to reduce the risk of exposure to the virus. Additionally, OSHA adopted two revised policies for enforcing requirements and standards with respect to COVID-19. The administration announced it would increase in-person inspections and revised its enforcement policy for recording cases of COVID-19.
On the D.C. court ruling, OSHA released a statement applauding the decision, which OSHA said agreed that the administration “reasonably determined that its existing statutory and regulatory tools are protecting America’s workers and that an emergency temporary standard is not necessary at this time.
Prior to the court’s decisions, the NAHB filed an amicus brief supporting OSHA’s position. The petition was co-signed by numerous industry groups, including ABC. The brief argued that with public health officials learning new information about the virus on a daily basis, a static and inflexible rule would not be an appropriate response.
“We applaud the D.C. Circuit’s decision, which affirms that OSHA’s comprehensive response to the COVID-19 outbreak currently eliminates the need for an emergency temporary standard for infectious diseases and COVID-19 covering all employees,” ABC vice president of health, safety, environment and workforce development Greg Sizemore and NAHB CEO Jerry Howard said in a joint statement. “OSHA’s resources are better deployed by developing timely and situational-specific guidance documents, which can be adjusted and adapted as the agency and public health authorities better understand the pandemic.”
