ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!
Today's Safety NewsGovernment Safety RegulationsOccupational Safety

Court denies AFL-CIO request for mandatory COVID-19 safety rules

OSHA
June 17, 2020

A circuit court denied on Thursday, June 11, a petition filed by labor unions that would have forced the U.S. Occupational Safety and Health Administration to issue an emergency safety rule to address COVID-19.

A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia Circuit unanimously denied the petition filed by the AFL-CIO, holding that OSHA “reasonably determined” that an emergency temporary standard to prevent workers from occupational exposure to COVID-19 was “not necessary at this time.”

The AFL-CIO filed a lawsuit against OSHA May 25, asking the court to compel the agency to issue an emergency temporary standard to protect workers from coronavirus. The union, along with nearly two dozen other unions and employment groups, had already petitioned OSHA directly about a COVID-19 standard. While the agency has released industry-specific guidance for a variety of industries, the guidance is not enforceable.

The AFL-CIO said in filing the suit that tens of thousands of workers have been infected on the job through exposure to infected patients, co-workers and unscreened members of the public. As the economy reopens and people return to work, person-to-person contact will increase and an already "shocking number of infections and deaths among workers will rise,'' the union said, according to the Associated Press.

In its two-page ruling, the appeals court noted that OSHA may issue an emergency temporary standard “if it determines that employees are exposed to grave danger from a new hazard in the workplace” and that the agency was “entitled to considerable deference” in this regard.

"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, OSHA reasonably determined that an ETS is not necessary at this time,'' the ruling said.

The ruling was signed by Judges Karen LeCraft Henderson, Robert Wilkins and Neomi Rao. Henderson and Rao were appointed by Republican presidents and Wilkins by a Democrat.

The Labor Department said in a statement June 11 that officials were pleased at the ruling, which backed its contention that existing rules and regulations are protecting America’s workers and that an emergency temporary standard is not needed.

The principal deputy assistant secretary for OSHA, Loren Sweatt, issued a statement Thursday praising the court’s decision and reiterating that OSHA “reasonably determined that its existing statutory and regulatory tools” were sufficiently protecting American workers.

The president of the AFL-CIO, Richard Trumka, said in a statement June 11 that the court’s actions “fell woefully short of fulfilling its duty to ensure that the Occupational Safety and Health Act is enforced.”

KEYWORDS: labor unions rulemaking

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Workplace Training Strategies
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Construction Industry Safety and Health
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Worker Impairment

How to Tell When a Co-Worker is Impaired? A Safety Pro’s Challenge

Automated loading dock equipment

After March 2026 Rivian Death, Safety Managers Reassess Loading Dock Systems Under OSHA's Warehouse Emphasis Program

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • JJ Keller sign

    J.J. Keller releases FFCRA poster to help small businesses comply with mandatory COVID-19-related federal posting change

    See More
  • Court denies bid to block CSB from investigating Macondo incident

    See More
  • Appeals court denies review of fatal electrocution

    See More

Related Products

See More Products
  • 9780367861148.jpg

    LEAD Safety A Practical Handbook for Frontline Supervisors and Safety Practitioners

See More Products

Related Directories

  • Jant Pharmacal Corp.

    Since 1986, Jant Pharmacal has supplied healthcare and workplace settings with rapid and lab-based tests. Jant Pharmacal’s workplace focus emphasizes on-site drug and alcohol tests to help reduce accidents, increase productivity and provide a safe environment. We have also been a leader in providing easy-to-use and accurate COVID-19 tests, including EUA antigen self-tests.
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing