The following is an excerpt from the article:
“We think that this proposal as written is plainly unconstitutional,” Eric Conn, founder and chair of the OSHA Workplace Safety Practice Group at the law firm Conn Maciel Carey, told Inside OSHA following a Feb. 26 OMB meeting the firm sought on behalf of an employer coalition it represents.
He said the rule fails even one of the basic principles of policymaking required by executive orders on the regulatory process – “that an executive agency identify a problem that needs to be solved by the rule that being proposed.” However, “there just is not a problem that has been identified here,” he said.