February 9, 2023

ISEA Washington Report

Stay informed about what's happening on Capitol Hill, in the halls of Congress, and in our regulatory backyards.

What Will it Be for 2023?

The annual funding bill was approved and signed into law just before the end of the year. The $1.7 trillion bill includes the following for federal health and safety agencies and programs:


  • OSHA  $612 million     
  • NIOSH $351 million
  • MSHA  $383 million


The good news? These numbers are up!


The bad news? Some see a downside since the funding does not track with inflation. On the other hand, OSHA continues to draw down its $100 million blank check included in the Jan 2022-approved American Rescue Plan.

Priorities at 200 Constitution Ave.

OSHA that is. The agency plans to begin work on a heat stress standard this year. But a final rule is years away. Agency staff awaits recommendations from the National Advisory Committee on Occupational Safety and Health about what to include in the standard. While OSHA doesn’t really need this, these recommendations give OSHA firmer ground to stand on.


OSHA’s also working on a measure to prevent violence against healthcare workers and an infectious disease standard.


COVID is still a thing. OSHA's COVID rule is pending at the White House for final review. The next step is a final rule! OSHA may require all hospital workers to wear N95 respirators when a hospital admits a certain number of COVID patients.


Constructing the right rit. A proposed OSHA PPE fit for construction rule is pending at the White House. The rule will require PPE provided by (construction) employers for use in construction jobs to fit the wearer. General industry regs say PPE must fit the worker, but no similar text in the Construction regs.


Are OSHA safety regs unconstitutional? The Federal Court of Appeals in Ohio will hear a case where Allstates Refractory Services says OSHA’s safety regulations are unconstitutional because Congress, back in 1970, did not give OSHA and the Labor Department clear authority to build up safety standards. (more here and here from the conservative view.)


This would seem outrageous, but some legal minds have been writing about the limits of administrative law, and government lawyers believe the case could get attention. Whoever loses will likely ask the Supreme Court to review this case.


We're taking action. The National Employment Law Project, a DC-based legal foundation, filed an amici curiae brief with ISEA and other health and safety groups. Here's what we said.  

Nothing is Moving in Congress

Except for these bills. The Federal Aviation Administration will be reauthorized this year. Between the Notice to Air Missions glitch and grounding, a crash on the tarmac at JFK, and Southwest’s meltdown at Christmas are a few of the issues driving this bill. The Farm Bill is also set to move this year. Each is a chance to get some other legislation attached to it. 

Stay in the Know

Join Us. ISEA hosts a monthly virtual briefing for members to discuss these issues and more. This engaging, live meeting is hosted by ISEA Senior Director of Policy Dan Glucksman and offers members the opportunity to ask questions about current regulatory and legislative affairs.

See What You Missed


ISEA Policy Update

Jan. 26 @ Noon ET


> Get the recording

Don't Miss the Next


ISEA Policy Update

Feb. 23 @ Noon ET


> Save your seat

Know Your Author

You know Dan Glucksman for his webinars and updates. But there’s more: Dan’s morning routine, at its best, involves herbal tea and mindfulness meditation guided by YouTube (some are better than others). When he’s not at ISEA, he’s usually on a soccer field with two teenage soccer players at home. Email Dan.

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