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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 be a crucial role in the weeks and months ahead. Ann Rosenthal will join the team as Senior Advisor. Rosenthal served as the Associate Solicitor for Occupational Safety and Health at the Department of Labor until 2017 and has decades of legal experience protecting worker health and safety.

In my previous post, I began my review of 10 key regulatory policy stories to watch out for as 2021 gets underway. In this piece, I wrap up that list and offer some closing thoughts.

Thanks to the recent presidential election results, I’m able to do something I haven’t done in a long time: look at a new year with something resembling hope and optimism. As noted in my December 21 posts, the Trump administration wreaked havoc on our system of regulatory safeguards in 2020, as it did in previous years. The incoming Biden-Harris administration brings a strong mandate to undo the damage -- and to go further by building a more just and people-centered government that can meet the pressing challenges America faces. Will they seize the moment? Here are the first five of 10 storylines I’ll be following this year. Each could significantly influence efforts to build a regulatory system that can deliver safeguards that the American public expect and deserve.

At long last, we’ve reached “safe harbor” day, when states must resolve election-related disputes. Under federal law, Congress must count votes from states that meet today’s deadline. Donald Trump is essentially out of time to steal a second term; our democracy, it appears, will survive, at least for now. The last four years have been an urgent call to action to reclaim our democracy, to fix it, to reimagine it. The good news is we can use the tools of democracy to do so. The Center for Progressive Reform is launching Policy for a Just America, a major new initiative to repair and reimagine government. We’re developing a series of policy recommendations and other resources to advance justice and equity and create a sustainable future. We’re also using advocacy and media engagement tools to inform the public about the urgent need for reform and how to achieve it across all levels of government.

After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve. The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.

For many of us, the prospect of a Supreme Court with Judge Amy Coney Barrett giving conservatives a solid 6-3 supermajority is nightmare fuel. The consequences extend beyond hot-button social issues, such as women's reproductive rights or individual access to affordable health care. If confirmed, Barrett would likely spur the aggressive pro-business agenda that the Court has pursued under the auspices of Chief Justice John Roberts. A key item on that agenda is overturning something called Chevron deference, which some business groups have made a top priority in their broader campaign to bring about, as former White House Chief Strategist Steve Bannon put it, the "deconstruction of the administrative state."

An underappreciated side effect of the modern conservative movement now epitomized by Trumpism is its dogged pursuit of any legal argument to support “the cause,” no matter how ridiculous or specious. Long-settled questions like nondelegation and the constitutionality of independent regulatory agencies are suddenly, if bizarrely, up for grabs again. Add to this list a new line of argument – now germinating like a mushroom spore in horse manure – that posits that citizen suit provisions, such as those included in the Clean Air Act and Clean Water Act, are unconstitutional infringements upon the so-called unitary executive.

In the absence of meaningful action by OSHA, more than a dozen states, including Virginia, have issued emergency safety measures to protect essential workers from the risks of COVID-19. But Maryland – home to one of the largest poultry industries in the nation – is glaringly absent from that list.

Workers presently have no right to bring a lawsuit against employers under the Occupational Safety and Health Act (OSH Act) for failing to provide safe and healthy working conditions. If an employer exposes workers to toxic chemicals or fails to guard a dangerous machine, for example, they must rely on the Occupational Safety and Health Administration (OSHA) to inspect, find a violation, and issue a citation. This omission in the 1970 statute is especially troubling in the context of COVID-19, as workers across the United States continue to face a massive workplace health crisis without any meaningful support from OSHA or most of its state and territorial counterparts. As the pandemic makes crystal clear, workers need and deserve the right to step up and enforce the law when OSHA is unable or unwilling to do its job. In a new CPR report, CPR Member Scholars Michael Duff, Thomas McGarity, Sidney Shapiro, Rena Steinzor, and I call on Congress to update the OSH Act and provide workers with a private right of action.