Occupational Safety and Health Administration

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
News & Analysis as of

What to Expect from OSHA Under President Trump

Republican administrations tend to put more emphasis on helping employers comply with Occupational Safety and Health Administration requirements than on punitive enforcement actions. President Trump is familiar with OSHA...more

Trump’s Supreme Court Nominee Neil Gorsuch Sides with Businesses on Labor and OSHA Issues

On February 1, 2017, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit in Denver, Colorado, to fill the vacancy on the Supreme Court left by Antonin Scalia’s death in February...more

The Hazy Truth Regarding Workplace Drug Testing

John has been a good technician throughout his relatively short tenure at your dealership. But today he is a bit careless as he test-drives the customer vehicle he just finished working on. As John returns the car to the...more

Employers Earn an Important Victory in “Union Walk-around” Lawsuit

On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds. ...more

Sixth Circuit Rejects MSHA’s Claims That It Has Jurisdiction Over Coal Mining Machine Shop

In a case argued on February 1, 2017 and decided on February 13, the U.S. Court of Appeals for the Sixth Circuit held that Maxxim Rebuild Co., LLC’s small manufacturing facility located in Sidney, Kentucky is not a “coal...more

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

Plan to Trump Obama Administration Regulations of Employers Already Underway

As the 115th Congress begins its term, certain regulations that went into effect during the Obama Administration are under fire due to an obscure rule. Congress passed the Congressional Review Act (CRA) in 1996 to block...more

Is Post-Accident Drug Testing Still Legal?

Last year, the Occupational Safety and Health Administration (“OSHA”) published a final rule that (1) made explicit the requirement that employers have a reasonable procedure for their employees to report work-related...more

One of Obama OSHA’s Last Acts – An Update to the Walking-Working Surfaces Rule Decades In the Making

On January 17, 2017, OSHA’s new Walking-Working Surfaces Rule took effect, updating OSHA regulations that have been in place for nearly a half century. OSHA’s new rule, commonly referred to as the “Slips, Trips and Falls”...more

Food industry sees one of first whistleblower suits under FSMA

As part of the massive overhaul of food safety regulations under the Food Safety Modernization Act, Life Sciences Decoded reported in August on new whistleblower protections for food industry employees. On Feb. 9, six months...more

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

Standard for Workplace Violence in the Healthcare and Social Service Industry?

In response to calls from labor groups and unions to develop federal standard that addresses workplace violence in the healthcare and social service sectors, former OSHA chief David Michaels stated during a January 10 meeting...more

Supreme Court Nominee Neil Gorsuch Sides with Businesses on Labor Issues

On February 1, 2017, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit in Denver, Colorado, to fill the vacancy on the Supreme Court left by Antonin Scalia’s death in February...more

Proposed Midnight Rules Relief Act May Put An End To OSHA Recordkeeping Rule - Onerous Workplace Safety Rules Among Many That...

Earlier this year, the U.S. House of Representatives voted to approve the Midnight Rules Relief Act by a vote of 238-184. This Republican-backed measure would amend the Congressional Review Act and allow Congress to overturn,...more

Presidential Pulse: Labor Issues

The last #1 hit the Beatles recorded in 1970 was The Long and Winding Road, written by Paul McCartney. The song has been described as a metaphor for the journey the Beatles took from the clubs of Liverpool to the roof at...more

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

Ready, Set, Post! Your OSHA Form 300As

Here’s your friendly reminder from your pals at Not Safe For Work: It’s time to post your OSHA Form 300A! The OSHA Form 300A log summarizes job-related injuries and illnesses that occurred during 2016, and most employers are...more

OSHA 300A Summaries Should be Completed and Posted by Now

Most employers are required to complete OSHA’s Form 300A by February 1, 2017 and to post it and keep it posted between that date and April 30, 2017. ...more

It’s Time Again to Post the OSHA 300A Annual Summary of Illnesses and Injuries

Covered employers must post the Occupational Safety and Health Administration’s (OSHA) Form 300A between February 1 and April 30, 2017. Form 300A is a summary of the total number of job-related injuries and illnesses that...more

Delay Under the Priebus Memo

The Trump Administration has now taken leadership in the executive offices, and with this transfer of power comes the traditional memorandum halting the regulatory actions of the previous Administration. White House Chief of...more

OSHA Issues Final Rule to Protect Workers from Beryllium Exposure

The Occupational Safety and Health Administration has issued a final rule “to prevent chronic beryllium disease and lung cancer” in workers by limiting their exposure to beryllium and beryllium compounds. Beryllium and...more

President Trump’s “One In, Two Out” Executive Order Signals Regulatory and Employment Policy Shift

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.-Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. On...more

The End of Perp Walks?

For the past two weeks, we here at NSFW have been looking to the OSHA website to bring you the latest victims of the agency’s Perp Walks . . . to find that none have been published since January 19. Could the newly entered...more

"Trump Expected to Alter Labor Laws, Policies"

Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more

Tips for Tackling Tier II Trouble

Companies with hazardous chemical reporting obligations know the significance of March 1. On that date each year, facilities that at any time during the prior year had 10,000 pounds or more of an OSHA hazardous chemical, or...more

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