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Occupational Safety and Health Administration › Statutory Authority

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 -
Jackson Lewis P.C.

OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?

Jackson Lewis P.C. on

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...more

Conn Maciel Carey LLP

Destabilized But Not Yet Deconstructed: Analysis of This Momentous SCOTUS Term for the Administrative State

Conn Maciel Carey LLP on

The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more

(ACOEL) | American College of Environmental...

“The Major Questions Doctrine” by the Supremes

(ACOEL) | American College of Environmental... on

On January 13, 2022, the Supreme Court stayed OSHA’s emergency temporary Covid protection standard for employers of at least 100 people. The standard required that all employees be vaccinated or undergo weekly testing and...more

Parker Poe Adams & Bernstein LLP

Will OSHA Seek to Enforce COVID-19 Safety Standards?

Parker Poe Adams & Bernstein LLP on

Following its loss at the Supreme Court last week, one might expect the Occupational Safety and Health Administration to throw its hands up and abandon efforts to treat COVID-19 spread as a workplace safety concern. Early...more

Nutter McClennen & Fish LLP

U.S. Supreme Court Hears Oral Arguments on Challenge to OSHA’s ETS

Nutter McClennen & Fish LLP on

On January 7, the U.S. Supreme Court heard oral arguments on whether the Court should reissue the stay preventing the Occupational Safety and Health Administration (“OSHA”) from enforcing their November 4, 2021 Emergency...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court to Review OSHA's COVID-19 Vaccinate-or-Test Mandate

Parker Poe Adams & Bernstein LLP on

Last week, the U.S. Supreme Court agreed to an expedited review of legal challenges to the Occupational Safety and Health Administration’s emergency temporary standard (ETS) requiring employers with 100 or more employees to...more

Schwabe, Williamson & Wyatt PC

Nationwide Injunction Against Federal Contractor Vaccine Mandate ‎

Schwabe, Williamson & Wyatt PC on

On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more

Bass, Berry & Sims PLC

Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

Bass, Berry & Sims PLC on

On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more

Dorsey & Whitney LLP

What’s Next for OSHA’s COVID-19 Emergency Temporary Standard?

Dorsey & Whitney LLP on

On November 12, 2021, the Fifth Circuit Court of Appeals reaffirmed its stay pending judicial review of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary...more

Parker Poe Adams & Bernstein LLP

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

Parker Poe Adams & Bernstein LLP on

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more

Bricker Graydon LLP

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

Bricker Graydon LLP on

As we have previously reported, the recently announced Occupational Safety and Health Administration (OSHA) vaccine mandate, issued as an Emergency Temporary Standard (ETS), has been challenged in multiple suits filed around...more

Obermayer Rebmann Maxwell & Hippel LLP

Luck Of The Draw: The Fate Of OSHA’s Vaccine Mandate Now Is In The Hands Of The Sixth Circuit

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As HR Legalist reported, the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) regarding vaccination requirements is in purgatory. While the United States Court of Appeals for the Fifth...more

Miller Canfield

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

Miller Canfield on

Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more

Seyfarth Shaw LLP

OSHA Responds to Manufacturers’ Lawsuit on New Workplace Injury and Illness Reporting Rule

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Seyfarth Synopsis: OSHA asserts that its new injury illness reporting rule is fully within OSHA’s mandate. This is in follow-up to our earlier blog on OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses...more

Seyfarth Shaw LLP

Business Organizations Sue OSHA Over Workplace Injury and Illness Reporting Rule

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Seyfarth Synopsis: A lawsuit has been filed against OSHA challenging its May 2016 retaliation and recordkeeping rule. We had blogged recently about the OSHA’s new rule on drug-testing, retaliation claims, and accident...more

Seyfarth Shaw LLP

IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

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The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are...more

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