The U.S. Court of Appeals for the D.C. Circuit yesterday rejected the AFL-CIO’s lawsuit designed to force OSHA to create an emergency workplace safety rule focused on the coronavirus pandemic. A three-judge panel said in an unsigned order that OSHA has the authority to decide whether to issue new rules during the pandemic. The May 18 lawsuit asked that the agency instead be compelled to issue an emergency temporary standard (ETS), a move that OSHA reserves for situations when workers are in grave danger due to new hazards. Federal OSHA in-person checks of construction sites have fallen to about 16% of pre-coronavirus inspection levels while the agency focuses on virus hazards in the health-care industry, according to a Bloomberg Law analysis of agency data. In the first week of March, OSHA federal inspectors conducted about 395 construction inspections. During the week of April 26, there were about 65 inspections.
https://www.constructiondive.com/news/court-rejects-bid-for-osha-covid-19-emergency-standard/579714/