Democratic AGs Object to DOL's Risky Reinterpretation of General Duty Clause – Employee Rights/Industrial Relations

• Illinois AG Kwame Raoul co-led a group of 11 Democratic AGs and three state labor departments in filing a brief opposing a U.S. Department of Labor (DOL) proposed rule that would limit the Occupational Safety and Health Administration's (OSHA) ability to hold employers accountable for recognized workplace hazards in “inherently risky” employment activities such as live performances, animal training, motorsports and extreme sports under the Occupational Safety and Health Act (OSH Law).




• In its letter, the group argues that the change would result in millions of workers being unlawfully deprived of important federal safety protections, contradicting the clear language and congressional intent of the Occupational Safety and Health Act and decades of case law. The comments also allege that OSHA's proposal is arbitrary and capricious and violates the Administrative Procedures Act, and that the rule's vague provisions could undermine consistent enforcement, cause confusion among employers and regulators, and lead to more workplace injuries.




• The group urges OSHA to withdraw the proposed rule and continue to recognize workplace hazards in all workplaces, including those that involve inherently risky activities.




• We previously reported on the Democratic AG's efforts to maintain OSHA protections, including an amicus brief in which 19 AGs defended federal workplace safety standards.

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