Court backs Trump administration on virus safety at work

Trump ministration does t have to issue an emergency rule requiring employers to protect workers from coronavirus, a federal appeals court ruled Thursday.

unanimous ruling by a three-judge panel of U.S. Court of Appeals for District of Columbia Circuit declared that Labor Department’s workplace safety arm “reasonably determined” that an emergency rule “is t necessary at this time.″

A top labor union sued Occupational Health and Safety ministration last month seeking to compel it to issue an emergency temporary standard on coronavirus.

AFL-CIO said in filing suit that tens of thousands of workers have been infected on job through exposure to infected patients, co-workers and unscreened members of public. As ecomy reopens and people return to work, person-to-person contact will increase and an alrey “shocking number of infections and deaths among workers will rise,″ union said.

In its two-p ruling, appeals court said OSHA is authorized to issue an emergency temporary standard, or ETS, if it determines that “employees are exposed to grave danger” from a new hazard in workplace, and that an emergency rule is needed to protect m from that danger.

decision t to issue an ETS “is entitled to considerable deference,″ court said.

“In light of unprecedented nature of COVID-19 pandemic, as well as regulatory tools that OSHA has at its disposal to ensure that employers are maintaining hazard-free work environments, OSHA reasonably determined that an ETS is t necessary at this time,″ ruling said.

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.

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

“OSHA will continue to enforce law and offer guidance to employers and employees to keep America’s workplaces safe,” said statement, issued by Loren Sweatt, a top Labor Department official who oversees OSHA, and Kate O’Scannlain, department’s top lawyer.

OSHA’s performance came under fire at a contentious House hearing last month, in which Democrats accused ncy of being “largely invisible” during pandemic.

Inste of an emergency standard, OSHA has relied on voluntary guidance that recommends companies erect physical barriers, enforce social distancing and install more hand-sanitizing stations, among or steps. But guidance is t mandatory, and COVID-19 cases have spiked at meatpacking plants, prisons, nursing homes and or workplaces deemed essential during pandemic.

AFL-CIO President Richard Trumka said he was disappointed that three federal judges “did t deem lives of America’s workers worthy of holding an argument or issuing a full opinion.″

“post-it length response” to union’s lawsuit ackwledges “unprecedented” nature of coronavirus pandemic, “but repeats false claim by Big Business that Occupational Safety and Health ministration alrey has done what is needed to protect workers,″ Trumka said in a statement.

More than 2 million Americans have been infected, and more than 110,000 have died, according a count compiled by Johns Hopkins University. Thousands of those people were infected in workplace.

“An unprecedented pandemic calls for unprecedented action, and court’s action today fell woefully short of fulfilling its duty to ensure that Occupational Safety and Health Act is enforced,″ Trumka said.

Sweatt said at House hearing that existing standards require employers to conduct hazard assessments, ensure sanitation and cleanliness and provide personal protective equipment.

ncy has issued at least nine workplace guidance tices since March 9, including a joint statement with federal Centers for Disease Control and Prevention intended to protect workers in meatpacking and processing industries. Guidance for construction workers was issued last month.