OSHA’s Back! Next Steps for Employers
The Occupational Safety and Health Administration (OSHA) is officially back to work now that the government shutdown has ended.
tgelbman@littler.com Fri, 11/14/2025 – 15:53
Articles Discussing The Federal Occupational Safety And Health Act And Other Issues Relating To Workplace Safety And Health.
PR OSHA’s New Penalty Framework for Workplace Safety Violations Increases Fines for Employers
TakeawaysPuerto Rico Occupational Safety and Health Administration (PR OSHA) has increased penalty amounts for workplace safety violations. The new penalty structure ensures consistency with federal OSHA enforcement standards. Strengthening workplace safety programs, verifying postings, and implementing prompt corrective action can reduce exposure under the new penalty framework.Related Links
OSHA’s Proposed General Duty Clause Modifications: Much Ado About Nothing?
The Occupational Safety and Health Act’s General Duty Clause (GDC) has long functioned as the Occupational Safety and Health Administration’s (OSHA) catch‑all enforcement tool to address serious, recognized hazards where no specific standard applies.
On July 1, 2025, OSHA proposed modifications to the GDC that would narrow its reach to
Workplace Chemical Protection Program Requirements: When OSHA Didn’t Act, the EPA Did
The Environmental Protection Agency’s (EPA) Workplace Chemical Protection Program (WCPP) under Section 6 of the Toxic Substances Control Act (TSCA) has fundamentally changed the compliance landscape for occupational exposures to certain chemicals.
For multiple high‑priority substances, the EPA has issued legally binding occupational exposure limits—Existing Chemical Exposure Limits (ECELs), and,
OSHA Under OIRA’s Deregulatory Memo: What Changes to Expect and What’s at Stake
The October 21, 2025, memorandum from the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) sets out an aggressive framework to accelerate deregulatory actions across the federal government. Although the memo is addressed broadly to regulatory policy officers, its guidance has immediate and practical implications for
The 2025 Federal Budget Impasse, OSHA’s Reduced Operations, and Why Worker Safety Will Not Collapse
The 2025 federal budget impasse and the resulting partial government shutdown have curtailed routine operations across many agencies, including the Occupational Safety and Health Administration (OSHA). OSHA’s diminished functionality, even if it persists until after Thanksgiving 2025, as some predict, is unlikely to produce a dramatic, near-term deterioration in worker
OSHA and OSHRC in Transition, Part I: Early and Evolving Constitutional Challenges
The Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) emerged from the Occupational Safety and Health Act of 1970 to address widespread concerns about workplace safety. The statute reflects a deliberate structural choice: OSHA operates within the U.S. Department of Labor (DOL) as
OSHA and OSHRC in Transition, Part II: Contemporary Challenges, Litigation Posture, and Prospective Reforms
Today’s constitutional challenges to the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) converge on three fronts: Article II of the U.S. Constitution for-cause removal protections for administrative officials, the nondelegation doctrine, and Article III/Seventh Amendment adjudication constraints.
The Supreme Court of the
OSHA and MSHA Under New Leadership: Anticipating Developments in Workplace Safety Regulation
Recent confirmations at the Department of Labor (DOL) mark a new phase for federal workplace safety and health oversight. With David Keeling now leading the Occupational Safety and Health Administration (OSHA) and Wayne Palmer heading the Mine Safety and Health Administration (MSHA), both agencies are expected to adjust their regulatory
Jonathan Snare Confirmed to OSHRC: What It Means for OSHA Litigation Now
The U.S. Senate’s October 7, 2025, confirmation of Jonathan L. Snare to the Occupational Safety and Health Review Commission (OSHRC)—the three-member adjudicatory agency that has not had a commissioner since April 2025—was an important first step toward restoring the federal workplace-safety appeals system, but it did not by itself revive
Workplace Violence and Heat Stress—Understanding and Defending General Duty Clause Citations
Two cases before the Tenth Circuit Court of Appeals could place limits on the Occupational Safety and Health Administration’s (OSHA) ability to cite employers for failing to prevent workplace violence. Both cases involve psychiatric hospitals where staff reported assaults by patients, and OSHA issued citations under the Occupational Safety and
‘Still the Same’? How a Sixth Circuit Decision Could Reopen the Door to OSHA Ergonomics Rules
The Sixth Circuit’s recent decision in Ohio Telecom Association v. FCC, Nos. 24-3133/3206/3252 (August 13, 2025), offers a powerful road map for agencies looking to regulate after Congress has used the Congressional Review Act (CRA) to strike down prior rules. For the Occupational Safety and Health Administration (OSHA), which saw
Impact of 2025 Federal Government Shutdown on Mine Safety Agencies
Since the government shutdown began on October 1, 2025, many employers have been concerned about its effects on the operations of various federal agencies, including the Mine Safety and Health Administration (MSHA) and the Federal Mine Safety and Health Review Commission (FMSHRC). The shutdown has impacted both agencies, although to
The Impact of a Federal Government Shutdown on OSHA
The Impact of a Federal Government Shutdown on OSHA
The federal government is currently in a race against the clock. Unless lawmakers agree to a spending plan before midnight (ET) on Tuesday, September 30, federal appropriations will expire causing much of the federal government, including the Occupational Safety and Health
OSH Law Primer, Part XVII: Preemption
This is the seventeenth and final installment of a series of articles that have provided a 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.