This is the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
Keeping Cool: Understanding Nevada OSHA’s Heat Illness Prevention Guidance
As temperatures rise, the risk of heat-related illnesses in the workplace becomes a significant concern. To address this, the Nevada Occupational Safety and Health Administration (Nevada OSHA) has implemented a new regulation to protect employees from heat illness. Recently, Nevada OSHA released guidance for its heat illness prevention regulation. Nevada
Trump Administration’s ‘Regulatory Freeze Pending Review’ Pauses OSHA’s Rulemaking on Heat Illness and Emergency Response
The second term of President Donald J. Trump started with a flurry of executive orders, presidential memoranda, and directives, some of which were signed on January 20, 2025, shortly after he took the oath of office. While the Occupational Safety and Health Administration (OSHA) is not mentioned by name in
EPA and OSHA Renew Cooperation With Memorandum of Understanding on Toxic Substances Control Act
The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have long cooperated with each other and have renewed their commitment to cooperation in a December 2024 memorandum of understanding (MOU) focused on the Toxic Substances Control Act (TSCA). The EPA routinely recommends new chemicals be subject
Biden-Era OSHA Regulations Will Be Reassessed by New Trump Administration
The Known Unknowns of Workplace Safety Under a New Administration
“The watchword is uncertainty. I don’t think there’s any question that the Trump administration is going to usher in a more pro-business, anti-regulatory administration and emphasis. But I do think that there’s a lot that remains to be seen about how that will actually go into effect. [Post Loper Bright] we don’t exactly know how courts will interpret a number of statutes.”
The Year Ahead 2025: Safe Work Initiatives
Despite the return of a known pro-business administration, employers can expect changes in workplace safety and health regulations in 2025 to be coupled with significant uncertainty.
OSHA Announces New Higher Penalties for Violations in 2025
On January 9, 2025, the Department of Labor announced its annual inflation adjustments to OSHA civil penalties for 2025. The higher penalties will take effect for violations issued on or after January 15, 2025. Below are the maximum penalty amounts:
Type of Violation
A Look Back and a Look at What’s Ahead for the Mine Safety and Health Administration
With the January 2025 return of President-elect Donald Trump to the White House, mine operators can expect the Mine Safety and Health Administration (MSHA) to undergo a transition in 2025.
How to Effectively Utilize the MSHA Closeout Conference
Mine safety attorneys sometimes hear from mine operators who are in the midst of a difficult Mine Safety and Health Administration (MSHA) inspection. They share how they plan to push back in one of two ways in the short term.
Operators’ and Miners’ Rights Under the Federal Mine Safety and Health Act
A lot of training and informal instruction regularly takes place to ensure miners are fully aware of their miners’ rights under the Federal Mine Safety and Health Act.
Shedding Light on MSHA’s Illumination Standard
A frustration mine operators frequently face relates to Mine Safety and Health Administration (MSHA) citations alleging insufficient illumination in work areas. Given the subjective nature of MSHA’s illumination standard, mine personnel sometimes feel inspectors make it up as they go. For instance, a quarry manager several years ago was so
How a Game-Changing Supreme Court Decision Affects MSHA
Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law. Of course, when operators speak of “administrative law,” the focus is on the
Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System
In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the Occupational Safety and Health Administration’s (OSHA) adjudication procedures would be subject to a slew of
GAO Says OSHA Should Sharpen Its Focus on Ergonomic Hazards in Warehouses and Delivery Companies
Ergonomics and musculoskeletal disorders are the subject of a recent U.S. Government Accountability Office (GAO) study that portends an even greater focus by the Occupational Safety and Health Administration (OSHA) on the warehousing and distribution center sector.