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
Articles Discussing General Topics Under OSHA.
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
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
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.
The Post-Hearing Comment Period on OSHA’s Heat Rule Has Been Extended
The Post-Hearing Comment Period on OSHA’s Heat Rule Has Been Extended
On September 17, 2025, the Occupational Safety and Health Administration (OSHA) extended the deadline to submit post-hearing comments on the Agency’s proposed rule for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. As this proposed rule
Three FY 2026 Budget Proposals for OSHA: Key Differences and Implications
The Occupational Safety and Health Administration (OSHA) faces three competing budget proposals for fiscal year (FY) 2026: the U.S. Senate Committee on Appropriations’ proposal, the U.S. House of Representatives Committee on Appropriations’ bill, and the Trump administration’s request, the latter two of which are more or less aligned. These proposals
DOL Unveils Unified Agenda Highlighting Potential OSHA Rule Changes
On September 4, 2025 the Department of Labor (DOL) announced its Unified Agenda of Regulatory and Deregulatory Actions. The purpose of the agenda is to inform the public about regulations that the…
OSHA Extends Comment Period Deadline for 20 Proposed Rules to November 1, 2025
On August 20, 2025, the Occupational Safety and Health Administration (OSHA) extended the deadline for written comment on twenty of the twenty-six previously published notices of proposed rulemaking from September 2 to November 1, 2025.