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  • Writer's pictureKristen Shields

OSHA v. Local Counties - Game On!

Updated: Apr 18, 2020

My OSHA guru colleague in Florida shared with me a situation that we're monitoring - In south Florida, there are a couple of counties that are trying to institute rules requiring all construction workers to wear masks. The interesting part of that is they don't have the authority to do this - job sites fall under OSHA's regulatory authority - and there are constitutional implications for those particular counties with these endeavors. We predicted at the outset of this pandemic that rules would be confusing for many and even conflict at some point, and that there may not always be a clear path for people to follow. This mask situation is narrow and really pandemic-specific. While this battle may not make national news, the outcome could cause a trickle effect around the country to your job sites, particularly if the local counties win and the requirement of masks becomes widespread. It'll be interesting to see how this plays out. 

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