On May 18, the AFL-CIO filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit to compel the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) protecting U.S. workers against COVID-19. However, on June 11, the U.S. Court of Appeals rejected the AFL-CIO's request for the court to compel OSHA to issue an ETS to protect workers from the novel coronavirus. Labor unions were seeking the standard so all U.S. workplaces subject to OSHA rules would be required to develop workplace safety plans to safeguard workers. The unanimous decision of the three-judge panel found that "In light of the unprecedented nature of the COVID-19 pandemic, as well as the regulatory tools that the OSHA has at its disposal to ensure that employers are maintaining hazard-free work environments ... the OSHA reasonably determined that an ETS is not necessary at this time." Instead of an emergency standard, OSHA has relied on existing standards, including personal protective equipment (PPE) and associated hazard assessment requirements, as well as voluntary guidance that recommends companies assess the risk of infection in their workplace and conduct certain actions such as erecting physical barriers, enforcing social distancing, and installing more hand-sanitizing stations.
Originally published 18 June, 2020
This article is presented for informational purposes only and is not intended to constitute legal advice.
