Articles Discussing General Topics Under OSHA.
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
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.
OSHA Enforcement Memo for Animal Slaughtering and Meat Processing Industries Portends In-Depth, Lengthy Investigations
On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015 enforcement memorandum directed to the same industries. The new memorandum expands on the old.
OSHA Issues New Inspection Guidance Targeting Animal Slaughtering and Processing Establishments
On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.
OSH Law Primer, Part X: Voluntary Safety and Health Self-Audits
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
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.”
Industry Today
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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