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...more
11/6/2025
/ Employer Responsibilities ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Risk Management ,
Toxic Substances Control Act (TSCA) ,
Workplace Hazards ,
Workplace Safety
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...more
11/3/2025
/ Administrative Procedure Act ,
Deregulation ,
Government Agencies ,
OIRA ,
OMB ,
OSH Act ,
OSHA ,
Policy Memorandums ,
Proposed Rules ,
Regulatory Authority ,
Regulatory Oversight ,
Rulemaking Process ,
Statutory Interpretation
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...more
10/16/2025
/ Administrative Law Judge (ALJ) ,
Article II ,
Article III ,
Constitutional Challenges ,
Non-Delegation Doctrine ,
OSHA ,
OSHRC ,
Removal For-Cause ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
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...more
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...more
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...more
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...more
The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has...more
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...more
On July 8, 2025, the Supreme Court of the United States issued a stay in Trump v. American Federation of Government Employees, No. 24A1174, permitting the implementation of President Trump’s Executive Order No. 14210, which...more
7/10/2025
/ Enforcement Actions ,
Executive Orders ,
Federal Employees ,
Government Agencies ,
OSHA ,
Proposed Rules ,
Public Employees ,
Reorganizations ,
Rulemaking Process ,
SCOTUS ,
Stays ,
Trump Administration ,
Voluntary Reduction in Force ,
Workplace Safety
On July 1, 2025, the Occupational Safety and Health Administration (OSHA) issued notices of proposed rulemaking (NPRM) related to twenty-six current standards. ...more
On July 1, 2025, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking (NPRM) seeking to clarify and narrow the application of the General Duty Clause, 29 U.S.C. § 654(a)(1), as it...more
The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more
7/3/2025
/ Asbestos ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Pending Litigation ,
Proposed Rules ,
Public Health ,
Regulatory Authority ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
The Occupational Safety and Health Administration (OSHA), established under the Occupational Safety and Health (OSH) Act of 1970, seeks to ensure safe and healthful working conditions for workers in the United States by...more
Senate confirmation of David Keeling, President Donald Trump’s nominee to serve as the assistant secretary of labor for occupational safety and health, began on June 6, 2025. The testimony, given during the first week of his...more
On June 5, 2025, Secretary of Labor Lori Chavez-DeRemer testified before the House Committee on Education and the Workforce regarding the Trump administration’s proposed fiscal year 2026 budget....more
6/18/2025
/ Budget Cuts ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Department of Labor (DOL) ,
Enforcement Actions ,
Federal Budget ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Secretary of Labor ,
Trump Administration ,
Workplace Safety
The hearing on the Occupational Safety and Health Administration’s (OSHA) proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Standard began on June 16, 2025. The hearing is the third step in what...more
6/18/2025
/ Expert Testimony ,
General Duty Clause ,
Health and Safety ,
Heat Exposure ,
NIOSH ,
OSHA ,
Proposed Rules ,
Public Hearing ,
Rulemaking Process ,
Safety Standards ,
Workplace Safety
Measles has seen a resurgence in the United States in 2025, with significant outbreaks reported, particularly in Texas and New Mexico. As of June 3, 2025, the Johns Hopkins Bloomberg School of Public Health’s U.S. Measles...more
6/11/2025
/ Centers for Disease Control and Prevention (CDC) ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Infectious Diseases ,
Popular ,
Public Health ,
Reporting Requirements ,
Risk Management ,
Vaccinations ,
Workplace Safety
On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more
Every safety professional has an Occupational Safety and Health Administration (OSHA) regulation he or she cannot stand, believes is a waste of time, energy, and/or money, or considers outdated and antiquated.
Even the...more
Since Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” (H.R. 86), there has been immense speculation about the future of the Occupational...more
“The Times They Are a-Changin’” isn’t just a Bob Dylan song title—it is also a fairly accurate description of what has been happening in the arena of the Occupational Safety and Health Administration (OSHA) and the...more
This is a continuation of the eleventh 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...more
2/26/2025
/ Administrative Appeals ,
Administrative Procedure ,
Appeals ,
Citations ,
Employer Liability Issues ,
Enforcement Actions ,
OSH Act ,
OSHA ,
OSHRC ,
Recordkeeping Requirements ,
Whistleblowers ,
Workplace Safety
U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more
2/20/2025
/ Administrative Authority ,
Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Legislative Agendas ,
OSH Act ,
OSHA ,
Proposed Legislation ,
SCOTUS ,
U.S. House ,
Workplace Safety
This is the eleventh 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...more
2/12/2025
/ Citations ,
Employee Rights ,
Enforcement Actions ,
OSHA ,
OSHRC ,
Recordkeeping Requirements ,
Safety Standards ,
Safety Violations ,
Settlement ,
Whistleblowers ,
Workplace Safety