The Labor Department has vowed to use its authority to protect workers from Covid, after the Supreme Court blocked the Biden administration’s vaccine and testing rules for private businesses.
Labor Secretary Marty Walsh, in a statement after the high court’s ruling, said the Occupational and Safety Administration is evaluating its options to enforce safety standards against Covid in the workplace.
“Regardless of the ultimate outcome of these proceedings, OSHA will do everything in its existing authority to hold businesses accountable for protecting workers,” Walsh said on Thursday.
OSHA still has general authority requiring employers to maintain a safe workplace and can fine businesses if they fail to do so. The agency has investigated thousands of Covid complaints with millions of dollars in proposed fines since the pandemic began.
The Supreme Court’s conservative majority, in its 6-3 ruling, called the federal mandate a “blunt instrument” that “draws no distinctions based on industry or risk of exposure to Covid-19.”
However, the high court said OSHA does have the authority to regulate specific workplaces where workers face a heighted threat from Covid.
“Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible,” the court wrote in an unsigned opinion.
The court said it has “no doubt” that OSHA can implement safety measures to protect workers from Covid in particularly cramped or crowded environments.
In other words, OSHA could tailor a new regulation that targets high-risk industries, such as meatpacking, with safety measures that do not include the controversial vaccine rule, according Jordan Barab, deputy assistant secretary of OSHA during the Obama administration.
“There are a number of criteria OSHA could use to make it more risk based that would probably pass Supreme Court muster,” Barab told CNBC on Friday.
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Labor Secretary Marty Walsh, in a statement after the high court’s ruling, said the Occupational and Safety Administration is evaluating its options to enforce safety standards against Covid in the workplace.
“Regardless of the ultimate outcome of these proceedings, OSHA will do everything in its existing authority to hold businesses accountable for protecting workers,” Walsh said on Thursday.
OSHA still has general authority requiring employers to maintain a safe workplace and can fine businesses if they fail to do so. The agency has investigated thousands of Covid complaints with millions of dollars in proposed fines since the pandemic began.
The Supreme Court’s conservative majority, in its 6-3 ruling, called the federal mandate a “blunt instrument” that “draws no distinctions based on industry or risk of exposure to Covid-19.”
However, the high court said OSHA does have the authority to regulate specific workplaces where workers face a heighted threat from Covid.
“Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible,” the court wrote in an unsigned opinion.
The court said it has “no doubt” that OSHA can implement safety measures to protect workers from Covid in particularly cramped or crowded environments.
In other words, OSHA could tailor a new regulation that targets high-risk industries, such as meatpacking, with safety measures that do not include the controversial vaccine rule, according Jordan Barab, deputy assistant secretary of OSHA during the Obama administration.
“There are a number of criteria OSHA could use to make it more risk based that would probably pass Supreme Court muster,” Barab told CNBC on Friday.
Labor Department vows to protect workers from Covid after Supreme Court blocks business vaccine mandate
Unions are calling for the Labor Department to implement improved ventilation, physical distancing and masking in workplaces.
