Source: Mark Bocchetti, ROLL CALL, 6/1/20


Forcing the Labor Department to adopt an emergency temporary standard to protect workers against COVID-19 infections could result in an “ineffective or counterproductive” regulation that would be difficult to modify if necessary, the department said in court documents.  And ordering the Occupational Safety and Health Administration to issue such a standard not only would trespass on agency discretion, it also would involve the courts in an active controversy subject to negotiations between the executive branch and Congress, department lawyers said in the documents filed Friday.

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