Federal Employment Law Articles

OSHA - General

Articles Discussing General Topics Under OSHA.

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Workplace Chemical Protection Program Requirements: When OSHA Didn’t Act, the EPA Did

Ogletree Deakins·

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 i

OSHA Under OIRA’s Deregulatory Memo: What Changes to Expect and What’s at Stake

Ogletree Deakins·

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

The 2025 Federal Budget Impasse, OSHA’s Reduced Operations, and Why Worker Safety Will Not Collapse

Ogletree Deakins·

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 predic

OSHA and OSHRC in Transition, Part I: Early and Evolving Constitutional Challenges

Ogletree Deakins·

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 opera

OSHA and OSHRC in Transition, Part II: Contemporary Challenges, Litigation Posture, and Prospective Reforms

Ogletree Deakins·

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 d

Jonathan Snare Confirmed to OSHRC: What It Means for OSHA Litigation Now

Ogletree Deakins·

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

Workplace Violence and Heat Stress—Understanding and Defending General Duty Clause Citations

Ogletree Deakins·

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 issue

‘Still the Same’? How a Sixth Circuit Decision Could Reopen the Door to OSHA Ergonomics Rules

Ogletree Deakins·

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

The Impact of a Federal Government Shutdown on OSHA

Littler·

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 Occup

OSH Law Primer, Part XVII: Preemption

Ogletree Deakins·

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

Littler·

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

Three FY  2026 Budget Proposals for OSHA: Key Differences and Implications

Ogletree Deakins·

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 tw

DOL Unveils Unified Agenda Highlighting Potential OSHA Rule Changes

Jones Walker LLP·

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

Ogletree Deakins·

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.

The Rumors of OSHA’s Demise Might Be Exaggerated

Ogletree Deakins·

The Occupational Safety and Health Administration’s (OSHA) fiscal year (FY) 2026 congressional budget justification suggested significant headcount reductions over the next two years and a corresponding reduction in inspection activity. The One Big Beautiful Bill Act did not specify funding levels,

OSH Law Primer, Part XVI: OSHA-Approved State Plans

Ogletree Deakins·

This is the sixteenth 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 XV: Imminent Danger Inspections

Ogletree Deakins·

This is the fifteenth 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.

Heat Illness Prevention Act of 2025 Is Introduced in Congress: Will It Compel OSHA to Act?

Ogletree Deakins·

On July 16, 2025, U.S. Senator Alex Padilla (D-CA) introduced the “Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025” ( S.2298 )—also known as the “Heat Illness Prevention Act of 2025” (HIPA)—to direct the secretary of labor “to promulgate an occupational safety and health

‘Safe Workplaces, Stronger Partnerships’: Future of OSHA Compliance

Ogletree Deakins·

On July 16, 2025, the House Committee on Education and Workforce held a subcommittee hearing focused on evaluating the effectiveness of the Occupational Safety and Health Administration’s (OSHA) compliance assistance initiatives, the role of collaborative programs in improving workplace safety, and

OSHA Enhances Penalty Reductions and Payment Plans for Small Businesses

Ogletree Deakins·

On July 14, 2025, Assistant Secretary of Labor Keith Sonderling announced revisions to the Occupational Safety and Health Administration’s (OSHA) Field Operations Manual (FOM) focused on penalty reductions for small businesses. The updates include revisions to the penalty assessment, adjustment, and