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PACA Conveyor – Week of November 11, 2021
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1. PACA News
2. Safety & Health News
3. Meetings and Events News

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PACA wishes to thank our 2024 Corporate Sponsors for their generous support and commitment this year!
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Safety & Health News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Safety & Health News
The November 5, 2021 Federal Register included OSHA’s Emergency Temporary Standard (ETS) for COVID Vaccination and Testing. This ETS took effect immediately upon publication in the Federal Register. While this is an ETS, OSHA is also treating it as proposed rulemaking and taking comments on the ETS in preparation for the final standard. Comments are due 30 days from November 5.

Starting hours after the announcement, a slew of lawsuits were filed by states, businesses and organizations. The focus of the challenges is OSHA's authority to issue an ETS, which bypass the normal regulatory process and take effect immediately if the Labor secretary deems that employees are "exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful." Those filing lawsuits believe OSHA doesn't have the authority to put in place such sweeping federal public health regulations and that the rule unconstitutionally infringes on states' powers. Section 7(f) of the Act allows anyone “adversely affected” by a standard to challenge it within 60 days in a federal appeals court for the circuit in which the person lives or maintains his or her principal place of business.

OSHA has used its ETS authority 11 times in its history, and courts have not reviewed a challenge to one since an asbestos ETS in 1983. (Pending in the U.S. Court of Appeals for the D.C. Circuit is a challenge to the June COVID-19 ETS for health care industry workers.)

In the nine reviewed by courts, judges fully vacated or stayed the ETS in four cases and partially vacated the ETS in one case. Of the five cases that were not challenged or that were fully or partially upheld by the courts, OSHA issued a permanent standard either within the six months required by the act or within several months of the six-month period and always within one year of the promulgation of the ETS.

Should you have any questions, contact Josie Gaskey.
Safety & Health News
MSHA's New Pillar Collapse Initiative
MSHA has a new initiative in addition to the recent Powered Haulage Safety Initiative. The new Pillar Collapse Initiative is being driven by recent pillar collapses that have occurred in underground limestone mines, each accompanied by a powerful air blast and the formation of a large surface sinkhole.

MSHA has resources available to raise awareness regarding this initiative at underground mines and they can be found here on the right side of the webpage.

Additionally, MSHA has upcoming Stone Mine Pillar Collapse Seminars, scheduled in coordination with MSHA Enforcement District offices, for which you can register.

Should you have any questions or comments, contact Josie Gaskey.
Meetings and Events News
As reported by Kallie Kline, PACA's Director of Member Services.
Meetings and Events News
Bonus Session on OSHA Vaccine & Testing Emergency Temporary Standard Added to Annual Meeting Agenda
There were already so many great things on this year's Annual Meeting agenda, and now, we've added more!

Patrick Dennison of Fisher Phillips will be on hand to provide an overview of the new OSHA Vaccine & Testing Emergency Temporary Standard and answer any questions you may have. Patrick was our featured speaker at this week's Members Forum online meeting and, believe us when we say, this is definitely a MUST SEE presentation.

The complete schedule, including speaker changes, for both the PACAWorks and the Annual Meeting was sent to all yesterday. As noted, we have had to cancel the PACAWorks Aggregate Technical Issues presentation due to the departure of Mr. Rehan Ehsan from his position at NSSGA. In the place of this presentation, we have the honor to host Ms. Kelly Barber, Chief of PennDOT's Bureau of Project Delivery to update us on the department's e-ticketing initiative.

Also, cancelled due to unforeseen circumstances is the Annual Meeting presentation by Mr. Kevin Abel of MSHA. In his place will be Emily Coyner, National Stone, Sand & Gravel Association's Director of Environmental Policy, to update us on their work on behalf of the industry in D.C.

There is still time to register for Annual Meeting... but time is running out. Our system will close down online registration as of tomorrow evening.
Meetings and Events News
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