This is the tenth 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 General Topics Under OSHA.
OSHA Standards and Manufacturers: Key Post-Loper Considerations
The U.S. Supreme Court’s Loper Bright decision overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute.
OSHA Hints at Review of Proposed Emergency Response Standard’s Applicability to Volunteer Emergency Response Organizations
On September 17, 2024, the Occupational Safety and Health Administration (OSHA) issued a statement concerning the proposed revisions to the Fire Brigades Standard (to become the “Emergency Response Standard”). The statement reflects an adjustment of OSHA’s position related to volunteer emergency response organizations, albeit one that is not clear, given
The End of an Era: What’s Next for OSHA Post-Chevron?
Jamie Spataro discusses what’s next for OSHA rulemaking and interpretive authority after SCOTUS overturned “Chevron deference.”
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OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?
The Occupational Safety and Health Administration’s (OSHA’s) Walkaround Rule has sparked a legal showdown between business associations and OSHA in a U.S. District Court in Texas. The agency’s rulemaking powers and businesses’ civil liberties are at stake.
Workplace Law After ‘Loper’: Workplace Safety and Health Enforcement
OSHA’s New Severe Injury Report Dashboard Provides Data From 2015 Through 2023
Recently, the Occupational Safety and Health Administration (OSHA) made nearly a decade of serious event reporting data—from January 1, 2015, through December 31, 2023—publicly available for review and study via OSHA’s new Severe Injury Report (SIR) dashboard. Given the creation of this dashboard, it seems reasonable for employers to expect
Long-Awaited Proposed Rule on Extreme Heat Published, Awaits Public Comment.
The Occupational Safety and Health Administration’s (OSHA) proposed rule on reducing workplace risks related to extreme heat has recently begun raising concerns that the attempt to mandate paid breaks may go beyond OSHA’s congressionally authorized authority, as well as beyond promoting the safety of the employees.
OSH Law Primer, Part IX: Hazard Communication
This is the ninth 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.
OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues
This is the eighth 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
OSHA in the Post-Chevron Era: What’s Next for the Agency?
On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.
OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024
The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024
OSHA Issues Proposed Workplace Heat Exposure Standard
OSHA’s Proposed Heat Injury and Illness Prevention Standard in Focus: Analysis and Review
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule would apply to all employers and be triggered when employees are exposed to temperatures of 80ºF for more than fifteen minutes
DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions
The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement plans to address it. However, anticipated legal challenges could provide a path for revamping OSHA’s authority following recent Supreme Court