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Brief of diving:
- Osha has proposed a rule To change the way the general duties are made, this would exclude the application of the known dangers “inherent and inseparable from the fundamental nature of an activity or performance of profession”.
- The Occupational Health and Safety Act of Section 5 (a) (1) of the States must create a workplace “free of recognized risks that cause or probably cause death or severe physical damage”. It General tasks clause It is used to cite entrepreneurs where no existing standard provides specific rules on how to protect workers.
- This new rule change, proposed on July 1, would restrict the general duties clause, specifically for athletic or entertainment occupations. However, the proposal invites commentators to indicate other industries who could benefit from the reduction of the rule.
Divide vision:
)[The General Duties Clause] It was never intended to be a rule -regulatory device by government, “said Tampa, Phillip Russell, Florida, Phillip Russell, Osha and employment lawyer, litigation and Ogletree Deakins adviser.” In the regulation of an entire industry, Congress must be more specific in its authority delegation. “”
Russell said he believed that the change will go beyond the sectors of the entertainment that appear in the proposal.
In the construction, a citation of the general duties clause could be used for something such as an injury or death of workers due to extremely high temperatures, at the The continued absence of a thermal safety standard – or other external factors on which an employer has little control, such as a vehicle with speed that enters a work area.
The proposed change comes from a 2014 judicial case, Seaworld Florida, LLC v. PerezWhen the United States Court of Appeal of the DC circuit confirmed a summons that required Seaworld to reduce the danger of coaches exposed to close contact with the ORCA whales during the actions. The dissenting judge in this case was the current judge of the Supreme Court Brett Kavanaugh.
Although Osha technically won this case, the agency now says he agrees with Kavanaugh’s vision. At that time, Kavanaugh wrote that the Congress passed by Osh law should know about the dangers of athletic and entertainment professions, such as boxing or circus work.
The strike of the general duties clause, argued Kavanaugh in 2014, should not grant the authority of the Department of Labor the authority to eliminate obviously dangerous aspects of a profession, such as the dangerous knitting point or to lead at high speeds at the Nascar races.
Basically, Russell said, the general duties clause is used too widely according to this rule change.
