Democratic AGs Take Issue with DOL’s Risky Reinterpretation of General Duty Clause

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  • Illinois AG Kwame Raoul co-led a group of 11 Democratic AGs and three state labor departments in submitting a letter 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 Act).
  • In their letter, the group argues that the change would unlawfully strip critical federal safety protections from millions of workers, contradicting the plain language and congressional intent of the OSH Act, as well as decades of case law. The comments further assert that OSHA’s proposal is arbitrary and capricious in violation of the Administrative Procedures Act, and that the rule’s vague terms could erode consistent enforcement, create confusion for employers and regulators, and lead to increased workplace injuries.
  • The group urges OSHA to withdraw the proposed rule and continue to recognize workplace hazards in all workplaces, including those involving inherently risky activities.
  • We have previously covered Democratic AG efforts to uphold OSHA protections, including an amicus brief in which 19 AGs defended federal workplace safety standards.
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