According to a June 11 federal appeals court decision, the Occupational Safety & Health Administration (OSHA) is entitled to “considerable deference” in addressing the COVID-19 pandemic.
In a release from the American Road & Transportation Builders Association (ARTBA), the organization states the ruling will assure that the transportation construction industry is free to use proven workplace best practices to protect its workers.
The appeal comes following a request by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), which aimed to compel OSHA to force implementation of a universal safety standard. Specifically, the federation wanted OSHA to implement within 30 days a universal "emergency temporary standard" for infectious diseases which would cover all employees and all industries in response to the current pandemic.
ARTBA, in a filing made with other industry allies, urged the court not to grant the request with the stance that workers are better protected from the virus by construction industry best practices rather than a rigid "one-size-fits-all" regulation. The filing detailed why a uniform standard is misguided, explaining that "guidance on how to maintain the spread of COVID-19 in the aviation industry would naturally be quite different from guidance directed at the banking industry, or the construction industry."
The Court of Appeals of the District of Columbia Circuit agreed, stating "[I]n 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… the OSHA reasonably determined that an [emergency standard] is not necessary at this time."