This post was originally published on Verfassungsblog. It is reprinted under Creative Commons License Attribution-ShareAlike 4.0 International.
On the same day, the U.S. Supreme Court issued decisions governing requests for emergency stays of two rules protecting Americans from COVID-19. Both rules relied on very similar statutory language, which clearly authorized protection from threats to health. Both of them presented strikingly bad cases for emergency stays. Yet, the Court granted an emergency stay in one of these cases and denied it in the other. These decisions suggest that the Court applies judicial discretion unguided by law or traditional equitable considerations governing treatment of politically controversial regulatory cases.
In NFIB v. OSHA, the Court stayed a rule insisting that large employers require either vaccination or testing and masking of their employees, but it denied a stay of a rule demanding vaccination of employees of hospitals in Biden v. Missouri. Both decisions purported to focus exclusively on the central question administrative law cases always raise, “does the governing statute authorize the regulations?”, thereby declining to employ the ancient equitable principles that limit emergency stays.
From a legal standpoint, both cases should have been easy wins for the …
This op-ed was originally published in Maryland Matters.
Although vaccination rates continue to rise and coverage on COVID-19 is fading away from prominent news dashboards, our rates are still higher than in summer 2020. While we still adapt to living and working with COVID-19, we must prepare for future public health emergencies so we do not lose another year figuring out our response.
While many provisions of the Maryland Essential Workers’ Protection Act (MEWPA) expired when Gov. Larry Hogan ended Maryland’s state of emergency, one important, future-looking provision remained. Under the law, the Maryland Department of Health is required to develop a template catastrophic health emergency preparedness plan.
The statutory requirement is supposed to provide a plan we can reach for if we are faced with future pandemics. We need to have the best practices, plans and lessons learned compiled and prepared for the next disaster …
U.S. Environmental Protection Agency (EPA) Administrator Michael Regan recently announced that $50 million from the American Rescue Plan will go toward environmental justice programs at the agency. This award will be accompanied by another $50 million to enhance air quality monitoring to target health disparities. This funding will double the amount of grant dollars for EPA’s environmental justice programs by adding $16.7 million in grants and funding for other programs such as school bus electrification, expanded environmental enforcement, and drinking water safety improvements.
Increased funding for environmental justice programs will foster stronger environmental protections for communities — often low-income communities and communities of color — that are forced to combat a disproportionate share of pollution, toxic exposures, and related health and economic consequences. Investment in these communities seeks to reconcile the gap left by environmental racism and a lack of opportunities to meaningfully engage in zoning …
Political Interference from White House Regulatory Office May Have Played a Role
The Labor Department’s emergency COVID standard, released today, is too limited and weak to effectively protect all workers from the ongoing pandemic. The workers left at greatest risk are people of color and the working poor.
Workers justifiably expected an enforceable general industry standard to protect them from COVID-19, and the Center for Progressive Reform (CPR) has been calling for such a standard since June 2020. But what emerged after more than six weeks of closed-door White House review was a largely unenforceable voluntary guidance document, with only health care workers receiving the benefit of an enforceable standard.
The interference with the COVID standard by the White House regulatory office, the Office of Information and Regulatory Affairs (OIRA), sends the wrong signal about the Biden administration's commitment to improving the regulatory review process, which …
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When the Occupational Safety and Health (OSH) Act was enacted 50 years ago, it was hailed as critical legislation that would make workplaces safer and healthier for all. Thanks to this law, the Occupational Safety and Health Administration (OSHA) has made great strides toward protecting worker health and safety. Unfortunately, the law didn't go far enough then — and it doesn't go nearly far enough now.
The law, essentially unchanged since its enactment in 1970, has not kept up with the growing scale and changing nature of work in the 21st century. Rather, due to limited resources and authority and, at times, lack of political will, the agency has failed to address numerous well-known workplace hazards or emerging ones, like COVID-19, climate hazards, and artificial intelligence.
One of the …
All workers need the ability to earn paid sick days so they can take leave from their jobs to care for themselves or their loved ones when they are sick or injured. The coronavirus pandemic has made the need for this basic right — guaranteed to workers in other wealthy nations but not here in the United States — clearer than ever.
Paid sick leave is more than a workers’ rights issue. It’s also a civil rights issue.
Lawyers, engineers, and others in the higher-paying “professional” class are far more likely than frontline, lower-income workers to have access to paid sick leave, the American Civil Liberties Union recently noted. They’re also more likely to be able to work from home during the pandemic, putting them at far less risk of contracting COVID-19.
And they’re more likely to be white.
Due to long-standing structural inequities and intentional …
Since taking office, President Joe Biden has signaled a new openness to the concerns of our nation’s workers — and we at CPR are joining our allies today in calling on his administration to go much further to make workplace safety a top priority.
Biden’s early actions are auspicious. In his first days in office, Biden appointed qualified leaders to key labor posts and signed several executive orders to improve working conditions. Among those orders is one that directs the Occupational Safety and Health Administration (OSHA) to issue improved guidance to employers on protecting workers and to determine whether to issue an emergency standard to prevent and mitigate exposure to COVID-19.
Biden also withdrew an effort by the Trump administration to accelerate processing speeds at poultry plants, which would have forced workers to work faster and more closely together on the factory floor — and put workers …
The Maryland General Assembly is kicking into full gear — and we at the Center for Progressive Reform are tracking bills that would protect the health and safety of Maryland workers in the food and farm sectors. These protections are urgently needed to protect these workers from COVID-19 infections and keep the public healthy and safe. The bills we're watching would:
Editor's update: On April 9, 2021, President Biden nominated Doug Parker to lead OSHA. If confirmed, he'll replace Jim Frederick as Assistant Secretary for Occupational Safety and Health in the Department of Labor.
President Joe Biden has tapped three seasoned experts to jumpstart the Occupational Safety and Health Administration (OSHA), the federal government's main worker health and safety agency. Jim Frederick will serve as Deputy Assistant Secretary of OSHA and will head the agency until a permanent Assistant Secretary is confirmed. Frederick’s experience includes over two decades working for the United Steel Workers' health, safety, and environment department. In his latest role, Frederick served as the assistant director and principal investigator for the department. Biden has also named Chip Hughes, former director of the National Institute of Environmental Health Sciences Worker Education and Training Program, as Deputy Assistant Secretary for Pandemic and Emergency Response. This will …
Ever since the U.S. Environmental Protection Agency (EPA) issued a dangerous (and now-rescinded) policy relaxing enforcement of environmental protections in March, the Center for Progressive Reform has watchdogged responses from state environmental agencies in three states in the Chesapeake Bay Region — Maryland, Virginia, and Pennsylvania.
While the EPA essentially gave companies a free pass to hide pollution violations during the pandemic, most states set up processes to handle COVID-19-related noncompliance. Environmental agencies in Maryland, Virginia, and Pennsylvania received dozens of waiver requests related to water, land, and air quality protections, pollution controls, sampling and monitoring, inspections, and critical infrastructure deadlines.
A majority of these requests were related to the pandemic. But others, such as those seeking to delay important deadlines for construction projects, were not. This suggests that some polluters are using COVID-19 as an excuse to subvert or delay deadlines that prevent further air or …