Latest news with #OccupationalSafety
Forbes
4 days ago
- Forbes
OSHA Seeks To Disclaim Authority Over Sports And Entertainment Workers
Photo byThe Occupational Safety and Health Administration (OSHA), a division of the United States Department of Labor, is tasked with enforcing the Occupational Safety and Health Act (OSH Act), a 1970 law meant to improve the health and safety of American workers and their workplaces. The law's application to the inherently dangerous occupation of professional sports has been unclear. However, OSHA has taken legal action in the entertainment world, including an effort that ended SeaWorld shows in which trainers went into the water with orcas, over the dissent of now Supreme Court Justice Brett Kavanaugh. Relying on Kavanaugh's dissent, OSHA has filed a proposed rule in which it now says it has no authority over 'known hazards that are inherent and inseparable from the core nature of a professional activity or performance.' Free Willy's Trainers Among other regulatory dictates, the OSH Act requires employers to provide their 'employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm.' This requirement is known as the General Duty Clause. To establish a violation of the General Duty Clause, OSHA must establish that: (1) an activity or condition in the employer's workplace presented a hazard to an employee; (2) either the employer or the industry recognized the condition or activity as a hazard; (3) the hazard was likely to cause, or actually caused, death or serious physical harm; and (4) a feasible means to eliminate or materially reduce the hazard existed. In 2010, after the orca Tilikum caused the death of a SeaWorld trainer, OSHA cited SeaWorld for violations of the General Duty Clause. Following an evidentiary hearing, an administrative law judge found in OSHA's favor. That decision was upheld in 2014 by a split decision of the United States Court of Appeals for the District of Columbia. The majority held that eliminating 'waterwork' (trainers swimming with the whales) was a practical method of abating the known risks to the trainers without materially affecting SeaWorld's business. The case included a notable dissent from then-Judge Kavanaugh. In Kavanaugh's view: 'In the sports and entertainment fields, the activity itself frequently carries some risk that cannot be eliminated without fundamentally altering the nature of the activity as defined within the industry. Tackling is part of football, speeding is part of stock car racing, playing with dangerous animals is part of zoo and animal shows, and punching is part of boxing, as those industries define themselves.' Consequently, Kavanaugh argued, OSHA was without the authority to 'completely forbid an industry from offering its product' and stated further that 'in sports events and entertainment shows, there is no distinction between the product being offered and its production: the product is the production.' OSHA On The Sidelines OSHA has jurisdiction over almost all private sector employees in the United States, which would also include players in the major American professional sports leagues. However, despite the obvious and extensive injury risks associated with playing professional sports, OSHA has never taken any action in that arena. In fact, in the few instances in which OSHA has received inquiries concerning its regulatory authority over NFL players, it has declined to engage. In response to letters from an insurance company and fans, OSHA has implausibly stated that NFL players are independent contractors, and not employees, and therefore not within its jurisdiction. Additionally, in a 2008 letter, OSHA stated that it had 'no specific standards that address protection for professional athletes participating in athletic competitions,' and that '[i]n most cases . . . OSHA does not take enforcement action with regard to professional athletes.' Indeed, even amid and after the concussion crises and litigation concerning the NFL in the 2010s, OSHA did not seek to get involved. In a 2018 law review article, my co-authors and I examined at length OSHA's authority over the NFL workplace and the political and practical reasons for its non-involvement. Notably, it is difficult to assess how OSHA could regulate the NFL workplace, i.e., which activities (e.g., tackles, hits) it could ban or restrict, without fundamentally changing the nature of the game. Ultimately, given that NFL players are represented by a powerful union that has collectively bargained extensive health and safety provisions into the collective bargaining agreement with the league, OSHA's involvement was always highly questionable (though the use of Guardian Caps in the NFL is generally consistent with the General Duty Clause). OSHA Quits The Game On July 1, 2025, OSHA filed a proposed rule through which it seeks to interpret the General Duty Clause as excluding from its jurisdiction 'known hazards that are inherent and inseparable from the core nature of a professional activity or performance.' More specifically, OSHA says it cannot 'prohibit, restrict, or penalize inherently risky activities that are intrinsic to professional, athletic, or entertainment occupations.' In crafting the proposed rule, OSHA quoted extensively from Justice Kavanaugh's dissent in the SeaWorld case, though it did not analyze how its proposed rule would apply in practice. OSHA also claims that its regulation of the sports and entertainment industries invokes the major questions doctrine, through which, according to OSHA, regulatory agencies are not to act on questions of 'vast economic and political significance without a clear congressional mandate.' In OSHA's view, there is no indication that the General Duty Clause was intended by Congress to 'prohibit the core design of performances or sports.' OSHA concluded that its new rule would affect individuals classified as professional athletes, actors, dancers, musicians and singers, and other entertainers and performers. In total, there are an estimated 115,620 people employed in these roles. Confusingly, OSHA estimates that the rule will only affect 1% of these employees, or about 1,100 people. This estimate is hard to square with the fact that in any given year, there are about 2,000 players in the NFL, 1,000 players in MLB, 750 players in the NHL, and 500 players in the NBA. OSHA further estimates that 514 employers would be affected by the rule but did not explicitly reference or discuss any such employers. OSHA then estimated, without any explanation, that the rule would save each employer an average of $1,000 annually, resulting in a total estimated cost savings of $514,000. While professional sports have not faced OSHA action, entertainment productions – such as the Ringling Brothers circus and the Broadway production of Spider-Man – occasionally have. Consequently, OSHA's estimated cost savings seem to have at least some basis. Commentators At The Bat The public has until August 30, 2025 to submit comments on OSHA's proposed rule before OSHA can issue a final, binding rule. OSHA has specifically asked the public to weigh in on how many employees and employers would be affected by the rule and its potential benefits and costs. The NFLPA and MLBPA declined to comment about whether they intend to submit comments to OSHA. Given that OSHA has not previously involved itself in professional sports, the more likely commentary would come from employees and their unions in the entertainment world.
The Print
09-07-2025
- Politics
- The Print
Mumbai, Kolkata among worst hit by trade unions' Bharat Bandh. What are their demands
The strike especially hit places like Mumbai, Kolkata, Odisha and Bihar, where public‑sector bank branches were shuttered, their staff shouting slogans against privatisation. New Delhi: At least 10 Central Trade Unions across India organised a 24-hour nationwide general strike on July 9, in protest against the central government's alleged anti-labour policies. The 'Bharat Bandh' disrupted key services, including banking, mining, electricity and more, trade union members said. In Kolkata, rail lines were blocked, with dramatic photos showing police removing barricades on roads and even extinguishing small fires lit by protesters. In Odisha, Centre for Indian Trade Unions (CITU) members blocked highways, while in Kerala, shuttered shops and silent streets bore testimony to a near-total shutdown. Despite the strike's scope, a few essential services including hospitals, fire departments, police, and grocery shops were functioning, and many private offices and schools stayed open. The pictures from different protests across states showed volatile moments including scenes of bus drivers wearing helmets in Kolkata and North Bengal for safety; scuffles in West Bengal involving TMC members, and aggressive police lathi‑charges. The trade unions have been alleging that the central government is implementing economic reforms that undermine workers' rights. The 10 unions have been demanding that the government focus on a 17-point charter submitted last year to Labour Minister Mansukh Mandaviya, containing urgent demands ranging from scrapping labour reforms to halting privatisation. The trade unions backing the protest include prominent organisations including the Centre for Indian Trade Unions (CITU), All India Central Council of Trade Unions (AICCTU), Indian National Trade Union Congress (INTUC), All India Trade Union Congress (AITUC), Hind Mazdoor Sabha (HMS), All India United Trade Union Centre (AIUTUC), Trade Union Coordination Centre (TUCC), Self Employed Women's Association (SEWA), Labour Progressive Federation (LPF), and the United Trade Union Congress (UTUC). Also read: Naidu govt approves 10-hr workdays, night shifts for women in bid to attract more industry, investment Protesting against codes passed in 2020 The trade unions participating in the Bharat Bandh have opposed the Labour Codes passed by the government in 2020. These laws include, Code on Wages, Industrial Relations Code, Occupational Safety, Health and Working Conditions Code (OSH Code), and Code on Social Security. As per the trade unions, these laws favour the employers and make it easier for them to hire and fire workers, restrict their right to strike by requiring prior permissions, weaken the role of trade unions, and reduce the coverage of key benefits like provident fund, gratuity, and health insurance for contract and gig workers. 'These laws will ruin the workers' rights, including the freedom to make unions, eight-hour work shifts and protesting against employers. We want the laws to be taken back,' Amit Chakraborty, an activist working with the Centre for Struggling Trade Unions (CSTU) told ThePrint. He added that the unions are currently demanding a minimum wage of Rs 26,000 in all sectors, stopping of privatisation of workforce immediately, and fulfilment of gig workers' demands. 'The situation is so bad that protesting while working in private sectors causes job losses immediately. People get fired, which is why many workers could not show up. Yet the response was good today,' he said. Tapan Sen, the president of CITU told ThePrint that at least 500 districts across the country observed the strike. This included rail and road blockades, and resulted in police confrontations and arrests, he said. '95 percent coal mines were shut, 100 percent iron mines and 100 percent manganese ore mines were shut. Moreover, industries across Bangalore, Mysore and Chennai were closed. Also, the cement sector observed the strike,' he told ThePrint, adding that public sectors including banks, insurance companies across the country were completely shut. 'Over 25 crore workers have gone on strike. This includes workers across different places like West Bengal, Assam, Kerala, Karnataka and more,' he said. Similarly, Sourya Majumder, who is associated with a student-youth movement, said that unemployment is at a 'historic high' in India right now. He said that the four labour codes 'threaten' the future of India's youth, promising more insecure employment in the form of contractual work in jobs of a permanent nature. 'We have recently seen struggles of jobless youth across the country and the general strike called by the Central Trade Unions today is an important step for the working class to organise against this assault by the RSS-BJP regime on behalf of major multinational corporations,' he said. (Edited by Viny Mishra) Also read: Even as Centre dithers on notifying labour codes, most states amend labour laws to attract investments
The Hindu
09-07-2025
- Politics
- The Hindu
Bharat Bandh: No impact on industrial production in Mysuru
The nation-wide general strike called by the Join Committee of Trade Unions (JCTU) on July 9 had limited impact on normal life in the city and the industrial area in Mysuru. Bharat Bandh live updates - July 09, 2025 The objective of the strike was to draw attention to the 'anti-worker' policies of the State and the Central Government. One of the key demands put forward by the trade unions was abrogation of the four labour codes formulated by the Centre. The 4 Labour Codes Code on Wages, 2019 Industrial Relations Code, 2020 Code on Social Security, 2020 Occupational Safety, Health and Working Conditions Code, 2020 The codes have been opposed by trade unions on the ground that they are inimical to their collective interest. The trade unions have argued that the existing labour laws evolved out of decades of struggle while the labour codes formulated by the Centre have left the workers with no safeguards in addition to curtailing their bargaining powers. In Mysuru, leaders of various trade unions and scores of activists from AIUTUC, CITU, and AIKMS, marched along the main thoroughfares of the city raising slogans against the government in Karnataka and at the Centre. Jagadish Surya of CPI (M) said the objective of the strike was to send a strong message to the government and to States where the trade union organisations are powerful, and the impact has been strong. Both the Centre and the State came under flak for weakening workers' rights under the guise of 'ease of doing business'. The agitating trade union organisations sought minimum wages at the rate of ₹36,000 per month, an end to outsourcing labour, hiring workers on contract basis, as trainees and apprentices. The government was urged to sanction pension at the rate of ₹9,000 per month for people employed in the unorganized sector as they had no job or social security. A few of the demands relate to farmers and agriculture. Trade unions want the government of Karnataka to rescind amendments to various laws that had a bearing on agriculture and farming, such as Electricity Amendment Bill, 2022, which, the workers argue, is an attempt to pave the way for privatisation of the power sector. The government was urged to comply with other demands of farmers, including minimum support price for agricultural produce based on the formula — comprehensive cost of production + 50% — proposed by M.S. Swaminathan Commission, withdrawal of amendments to a few laws, which have a bearing on agriculture, such as the Land Reforms Amendment Act, and APMC Amendment Act, by the government of Karnataka. Lingaraju, president, Mysuru Chamber of Commerce and Industry (MCCI), said the general strike did not have any impact on industrial production, as only the leaders and office-bearers took part.
Hindustan Times
09-07-2025
- Business
- Hindustan Times
Local laws changed in line with labour codes: Mandaviya
Most states have changed local laws in line with the four stalled labour codes, including nine most-contested reforms being opposed by trade unions, Union labour minister Mansukh Mandaviya said on Tuesday, a day ahead of a national strike called by workers. States that have tweaked local laws, aligning them with the federal codes, include both National Democratic Alliance-ruled states and those governed by Opposition parties, Mandaviya said. (ANI PHOTO) Although the Centre has yet to implement the four codes, or laws, passed by Parliament between 2019 and 2020, 31 states have passed or amended legislation and rules to incorporate the main reforms envisaged in the codes, the minister said. The minister however declined to say when the Centre would be in a position to implement the codes. 'We have not yet implemented the labour codes, but states have.' States that have tweaked local laws, aligning them with the federal codes, include both National Democratic Alliance-ruled states and those governed by Opposition parties, Mandaviya said. The government is ready to talk to labour unions, he said, adding that 'their opposition was mostly political.' Labour unions have continued to oppose the reforms, saying they were not looking to meet the government 'just to have tea'. A coalition of 10 national unions have called for a general strike on July 9 in sectors, such as banking, insurance and mining. Their demands include a rollback of 'anti-labour provisions' in the codes. 'About 250 million workers are expected to take part in the strike, including farmers and rural workers,' Amarjeet Kaur of the All-India Trade Union Congress said. The Centre's codes are aimed at boosting investment and making it easier for firms to hire and fire workers, which has been cited as a key constraint in industrial expansion. They also lay down social-security benefits and higher overtime limits. These are the Occupational Safety, Health and Working Conditions Code, 2020; the Code on Social Security, 2020; the Industrial Relations Code, 2020; and the Code on Wages, 2019. Opposition-ruled Punjab and Himachal Pradesh have raised the threshold of employees at which firms will not require government permission to lay off workers, details from the labour ministry showed. Under the Centre's codes, firms employing up to 300 workers will not require government permission to fire staffers or shut plants, up from the previous cap of 100. These states, along with Karnataka and Telangana, have also amended laws related to compounding of offences. Compounding under the central codes allows employers to settle certain violations by paying a fee, rather than facing prosecution. Kerala and West Bengal however have not eased this regulation. Most states have tweaked rules to allow night shifts for women, while those with the ruling NDA-led governments have aligned most of their laws with the Centre's codes. These include employee threshold for retrenchment and those that apply to how a factory is defined.
&w=3840&q=100)
Business Standard
08-07-2025
- Business
- Business Standard
Nationwide strike on July 9: Ten trade unions protest labour codes
Ten of the country's 12 central trade unions have called for a nationwide strike on Wednesday to protest the government's failure to conduct the Indian Labour Conference for the last ten years and its continued decisions against the interests of the country's labour force. The unions have particularly criticised the 'attempts to impose' four labour codes with the aim of weakening the collective bargaining power of trade unions. The unions have said that an estimated 300 to 400 million workers are expected to join the strike, supporting the 17-point charter of demands, which opposes the Union government's policies. The ten trade unions, including the Centre for Indian Trade Unions (CITU), All India Trade Union Congress (AITUC), Hind Mazdoor Sabha, and Indian National Trade Union Congress (INTUC), have announced that their preparations for the strike, likely to be one of the biggest in recent years, are on course. However, the government holds that it is ready to discuss all provisions if unions offer 'constructive feedback,' rather than engaging in consultations with a zero-sum game approach. 'If we talk about labour codes, a majority of states have already made amendments in their laws, aligning them with the spirit of the Centre's codes. It's not just the National Democratic Alliance (NDA)-governed states. Many opposition-ruled states have also made these changes, indicating their recognition of the importance of investments, especially in the manufacturing sector,' official sources told Business Standard. In a statement issued on the eve of the strike on Tuesday, the Rashtriya Swayamsevak Sangh-affiliated Bharatiya Mazdoor Sangh (BMS), the largest trade union in the country, announced it would not participate in the strike, alleging the action was politically inspired. Of the four labour codes, the BMS welcomed the Code on Wages, 2019, and the Code on Social Security, 2020, noting that the latter provided for the social security of platform and gig workers for the first time. However, the BMS said it had consulted with stakeholders and suggested amendments to the other two labour codes — the Industrial Relations Code, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 — submitting its suggestions to the government. 'In recent days, the government has discussed the amendments with owners and trade unions, but that is insufficient. The government needs to address the issue of amending these codes with more seriousness,' BMS General Secretary Ravindra Himte said, adding that other trade unions were misleading workers, and the strike was 'purely politically inspired.' In addition to the BMS, the National Front of Indian Trade Unions (NFITU) also announced it would not participate in the strike. In a joint statement, the ten trade unions stated that the government's economic policies were resulting in increased unemployment, rising prices of essential commodities, stagnant wages, and cuts in social sector spending, contributing to growing inequality. 'This strike call opposes the anti-worker, anti-farmer, and anti-national pro-corporate policies of the government,' the unions said. They have been fighting against the privatisation of public sector enterprises, outsourcing by government departments and public sector enterprises (PSEs), and the pro-employer four labour codes, which they argue aim to suppress trade union movements, erode the right to collective bargaining, and decriminalise violations of labour laws by employers while criminalising trade union activities. The unions have demanded that the government address unemployment, recruit in sanctioned posts, create more jobs, increase workdays and remuneration under the rural employment guarantee scheme, and introduce a similar scheme for urban areas. 'Instead, the government is focused on imposing the Employment Linked Incentive (ELI) scheme to incentivise employers,' the unions said. Workers in sectors including mining, insurance, power, postal, telecom, public transport, defence, and railways will strike on July 9, while unions in construction, beedi, Anganwadi, ASHA, mid-day meal workers, domestic workers, hawkers, and vendors will participate in mass mobilisation actions. The Samyukta Kisan Morcha and a joint front of agricultural workers' unions have extended support to the strike. 'We don't see any impact from the proposed strike. It is politically motivated, and the people behind it have been discredited. In fact, we have received support from over 200 worker unions across the country, many of which are affiliated with central unions like AITUC and INTUC, demonstrating that their own house is not in order,' official sources added. Trade unions had previously observed similar nationwide strikes in November 2020, March 2022, and February 16 last year. In a related development, Kerala Transport Minister K B Ganesh Kumar said state-run Kerala State Road Transport Corporation (KSRTC) buses would continue operating on Wednesday, despite central trade unions calling for a nationwide strike. The KSRTC had not received any formal notice from trade unions about their participation in the strike. "As far as KSRTC is concerned, employees are happy and content. The unions have not issued any notice. KSRTC buses will run as usual," he added.
