Professor James Brudney was quoted in a Marketplace article discussing the move by the Occupational Safety and Health Administration (OSHA) to create permanent safety standards in response to the COVID pandemic.
In response to a lawsuit from a number of large health care unions, OSHA said it is working to create a permanent COVID safety standard. But that could take a while.
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Because OSHA already did the initial research to create emergency rules for health care facilities, the process could be accelerated, according to James Brudney at Fordham University Law School. But then there will likely come legal challenges, he said.
“Those challenges can take a year, even two years, to wend their way through a final judgment in the court of appeals,” he said.