States Raise Legal Questions Over OSHA General Duty Clause Proposal

A coalition of 14 states led by Pennsylvania and Illinois is outlining a series of legal arguments against OSHA’s proposal to narrow the agency’s interpretation of the General Duty Clause, raising concerns about the increased burden for states while echoing statutory and case law arguments raised by unions and occupational health experts. The proposed rule undermines congressional intent, fails basic Administrative Procedure Act (APA) standards, leaves a segment of the workforce without an important health and safety protection and burdens...