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On Tuesday the Occupational Safety and Health Administration issued a long-overdue draft standard protecting indoor and outdoor workers from exposure to excessive heat. Forty workers on average die every year from heat exposure. The proposed rule (click here to read the text) requires certain employers to provide workers with 15-minute rest breaks every two hours, to provide drinking water, and to take other commonsense measures.

“It will definitely be challenged” in court if there’s a second Biden administration, Jordan Barab, former deputy assistant labor secretary for OSHA, told me. (If Trump wins, he’ll probably kill the heat standard before it’s issued in final form.) Barab can be certain of that because “every OSHA standard for the past 50 years has been challenged by business interests.” The heat standard “will be the first one to be decided in the post-Chevron era.”

We can’t know, after the Supreme Court’s decision last week in […]

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