You need to read up on history of OSHA using emergency temporary standard. It haven't been issued since 1978 except for one they issued last summer for mask. Only 1 emergency standard survived court fight
Vistron Corp. v. OSHA . Basically federal courts been blocking OSHA on ETS.
"According to the Court, any ETS should balance the emergency protections against their “effect upon economic and market conditions in the industry.” In that case, while the Fifth Circuit acknowledged that there was “substantial evidence” that the farmworkers exposed to the pesticide residue “may experience headache, fatigue, and vertigo,” those issues did not rise to the level of a “grave danger.” Instead, a “grave danger” necessitating an emergency measure should refer to “the danger of incurable, permanent, or fatal consequences to workers,” not “easily curable and fleeting effects on workers’ health….” Failing that, an ETS will not withstand judicial scrutiny. "
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