Kavanaugh: Threat To Workers And To OSHA

[douglas9]

While most of the discussion of Trump’s nomination of Brett Kavanaugh to the Supreme Court focuses on the possibility that he will be the deciding vote to repeal Rowe v. Wade or that the will bend over backward to help Trump out of the Russia investigation, there is clear evidence Kavanaugh is overly friendly to corporate America and hostile to workplace safety, the Occupational Safety and Health Act and the environment.

In 2010 a killer whale dismembered and drowned a Sea World trainer, Dawn Brancheau, in front of hundreds of horrified men, women and children looking forward to a day of fun and frolic with sea animals. The whale that killed Brancheau had been implicated in three previous human deaths.

OSHA issued a $70,000 willful General Duty Clause Citation against Sea World and ordered the company to reduce the hazard by physically separating trainers from the whales. OSHA proved that Sea World and its employees knew from previous incidents and close calls that all of its killer whales were dangerous and that Tilikum, the whale that killed Brancheau, was particularly dangerous. Experts also described a feasible means of protecting employees — actions that Sea World in fact implemented following Brancheau’s death.

The Occupational Safety and Health Review Commission upheld OSHA’s citation and Sea World appealed to the Court of Appeals. The D.C. Circuit court decided 2-1 for OSHA. The court found, “There was substantial record evidence that Sea World recognized its precautions were inadequate to prevent serious bodily harm or even death to its trainers and that the residual hazard was preventable.” It said there was substantial evidence of feasible means to protect employees without impacting the business. The majority opinion upholding OSHA’s action was written by Circuit Judge Judith Rogers. Also supporting OSHA was Chief Judge Merrick Garland.

The lone dissenter was Circuit Judge Brett Kavanaugh.


https://www.dcreport.org/2018/07/11/kavanaugh-threat-to-workers-and-to-osha/

[Mystery sage]

1. And that strike three he must go at all cost.

Even through I knew he was a trump pick and that he would be horrible as he would bend to trump among other things but this is unacceptable so if he is confirmed workers will (or could) be ask to take the physical and emotional pain and take it.
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HELL NO

[Sophia4]

2. I'm kicking this report. Everyone on DU needs to read at least the OP.

And note, administrative judges may have played a role in the decision about the whale which is why administrative judges are important.

Trump should not have changed the rules about the appointment of administrative judges.