Can OSHA Regulation Rescue NFL Players? image

Regulatory Review, November 21, 2018
by Grace Gale, quoting I. Glenn Cohen (Faculty Director)

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From the article:

"According to a recent article, the answer is 'yes.' The Occupational Safety and Health Administration (OSHA) should issue rules to make football safer, say the article’s authors.

Although OSHA has never asserted authority over National Football League (NFL) teams, the authors conclude that NFL 'workplaces' could be regulated because football players satisfy the criteria specified in the common-law test of an employee.

The article’s authors are Adam M. Finkel of the University of Michigan School of Public Health, lawyer Chris Deubert, Orly Lobel of the University of San Diego School of Law, Glenn Cohen of Harvard Law School, and Holly Fernandez Lynch at the University of Pennsylvania Perelman School of Medicine.

Finkel and his coauthors argue that because OSHA has jurisdiction over other private-sector employees, the federal workplace safety regulator would by extension also have jurisdiction over NFL players as employees."

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i. glenn cohen regulation