Appeals Court to Decide if Federal Judges Can Order OSHA to Act

A case over OSHA’s failure to cite a Pennsylvania-based meat processing plant for alleged Covid-19 health and safety violations is testing how far workers can go to address imminent dangers in the workplace.

Wednesday’s oral arguments in the US Court of Appeals for the Third Circuit will be the first time a federal appeals court has considered whether the law that created the US Occupational Safety and Health Administration also gives federal judges the power to intervene when workers seek judicial aid because they don’t believe OSHA is adequately protecting them.

Section 13(d) of the Occupational Safety and Health Act ...