After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal whom we have had numerous occasion to discuss in.
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On April 26, 2021, OSHA referred its COVID-19 emergency temporary standard (“ETS”) to the White House’s Office of Information and Regulatory Affairs (“OIRA”). OIRA reviews agency standards to facilitate finalization and publication.
With President Biden’s March 15 deadline for OSHA to issue a COVID-19 ETS more than a month in the past, even those who anticipated a delayed response had started to question whether OSHA would issue a standard. Indeed, the longer the ETS takes to issue – and, to be clear, it hasn’t yet issued – the less sense it makes. For OSHA to promulgate an ETS, section 6(c) of the Occupational Safety and Health Act requires “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and . . . that such emergency standard is necessary to protect employees from such danger.” As COVID-19 vaccinati