Court Sides with OSHA, NAHB and Others on Emergency Infectious Disease Standard
The D.C. Circuit Court of Appeals on June 18 rejected a petition by labor unions led by the AFL-CIO to compel OSHA to issue an “emergency temporary standard” to prevent the transmission of infectious diseases, including COVID-19.
The court agreed with OSHA’s position that it was the federal agency that should determine whether a standard was necessary and that OSHA’s decision to issue nonbinding, industry-specific guidance rather than an enforceable rule to protect workers from COVID-19 was sufficient.
OSHA said in a statement: “We are pleased with the decision from the D.C. Circuit, which agreed that OSHA 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. OSHA will continue to enforce the law and offer guidance to employers and employees to keep America’s workplaces safe.”
NAHB filed an amicus brief supporting OSHA’s position with a coalition of other groups including the Associated Builders and Contractors, the American Road and Transportation Builders Association, the American Subcontractors Association, Leading Builders of America, and the Mason Contractors Association of America.