News & Analysis as of

General Duty Clause

Haynes Boone

OSHA’s Revised Heat National Emphasis Program: What Employers Need to Know

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OSHA issued a revised Heat National Emphasis Program (Heat NEP) for outdoor and indoor heat-related hazards, effective April 10, 2026, for a term of five years, that provides several notable changes over the prior Heat NEP...more

DLA Piper

OSHA’s proposed heat rule: Compliance and enforcement considerations ahead of finalization

DLA Piper on

The Occupational Safety and Health Administration (OSHA) has proposed a rule aimed at regulating heat-related hazards in the workplace....more

Cozen O'Connor

OSHA and NY Workplace Violence Update in Health Care

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OSHA does not have a specific rule that addresses workplace violence in general industry or health care, although it has long discussed the need for such rules. During the Biden Administration some progress was made to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s Heat Program to Expire While Heat Standard Stalls

As summer 2026 approaches, employers face a period of significant regulatory uncertainty regarding workplace heat illness prevention at the federal level due to two important developments: the imminent expiration of the...more

Fisher Phillips

It’s Workplace Violence Prevention Month: Is Your Business Prepared?

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April is Workplace Violence Prevention Month, serving as a reminder for all employers that dangerous altercations can happen anywhere, even at work. Anyone who comes in contact with your business – like guests, customers,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Seeks to Increase Worker Safety Protections

On January 14, 2026, a bill titled “Concerning Worker Safety Protections,” was introduced in the Colorado House of Representatives. House Bill (HB) 26-1054, looks to impose a general duty on employers to maintain workplaces...more

Seyfarth Shaw LLP

Report From Day 2 of the 2026 ABA OSH Law Conference

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We are back in San Juan, Puerto Rico for Day 2 of the American Bar Association’s Workplace and Occupational Safety and Health (WOSH) Committee Midwinter Meeting. Today’s sessions featured a diverse mix of experts—behavioral...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Upholds OSHA Citation Against Hospital Following Violent Patient Behavior

In 2023, the federal Occupational Safety and Health Administration began preliminary efforts on a workplace violence safety standard for healthcare and social assistance employers. To date, OSHA has not proposed any standard,...more

Seyfarth Shaw LLP

Report From Day 1 of the 2026 ABA OSH Law Conference

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We are in San Juan, Puerto Rico for the American Bar Association’s Workplace Occupational Safety and Health committee’s midwinter meeting. Yesterday’s sessions featured panels of employer and defense attorneys,...more

Haynes Boone

Apparent Downward Trend in OSHA Enforcement – What Employers Should Know

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On Feb. 18, 2026, Senator Elizabeth Warren and five other Senate Democrats sent a letter to Labor Secretary Lori Chavez-DeRemer and Assistant Secretary David Keeling expressing concern over a recent decline in OSHA...more

Husch Blackwell LLP

OSHA Authority to Cite Healthcare Employers for Workplace Violence Is Upheld

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The Tenth Circuit U.S. Court of Appeals has reaffirmed the authority of Occupational Health and Safety Administration’s (OSHA) to cite healthcare employers for workplace violence under its General Duty Clause. In a February...more

Husch Blackwell LLP

10th Circuit Backs OSHA on Hospital Workplace Violence Citation

Husch Blackwell LLP on

In a February 13, 2026 decision, Cedar Springs Hospital v. Occupational Safety and Health Review Commission (OSHRC), No. 24-9519 (10th Cir. 2026), the Tenth Circuit U.S. Court of Appeals reaffirmed the Occupational Health and...more

Fisher Phillips

Top 2026 Predictions for Workplace Safety

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Our Workplace Safety thought leaders have pulled together their top predictions for the new year so that employers can get a head start to 2026....more

Seyfarth Shaw LLP

Navigating the New Public Health Environment: How Employers Should Approach CDC and NIOSH Guidance on Health Hazards in the Trump...

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Under OSHA’s General Duty Clause, employers must provide a workplace free from recognized hazards likely to cause serious injury or death. OSHA regulations require PPE and respiratory protection where necessitated by the...more

Williams Mullen

OSHA Provides Guidance on Measles Exposure in the Workplace

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CDC data show increased measles activity nationwide in 2025, with nearly 2,000 confirmed cases. OSHA considers measles a workplace hazard, particularly for unvaccinated adults, with elevated risks in certain settings. ...more

Conn Maciel Carey LLP

Two Recent Judicial Decisions Transform the OSHA Regulatory Landscape for Railcar Fall Protection

Conn Maciel Carey LLP on

While grain and feed employers have a relatively clear idea of what OSHA expects them to do when entering bins, maintaining equipment, and preventing the accumulation of fugitive dust because those requirements are set forth...more

Conn Maciel Carey LLP

Workplace Violence Prevention and the Overlap of Employment Law and Safety Compliance

Conn Maciel Carey LLP on

Workplace violence continues to be a growing national concern and one of the leading causes of occupational fatalities. In 2023, according to the Bureau of Labor Statistics, there were 5,283 workplace deaths nationwide. Of...more

Seyfarth Shaw LLP

Minimizing OSHA Liabilities Through Psychological Safety

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Employers with sophisticated safety programs implement overarching Safety and Health Management Systems (“SHMS”, also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s Proposed General Duty Clause Modifications: Much Ado About Nothing?

The Occupational Safety and Health Act’s General Duty Clause (GDC) has long functioned as the Occupational Safety and Health Administration’s (OSHA) catch‑all enforcement tool to address serious, recognized hazards where no...more

Cozen O'Connor

The State AG Report – 11.06.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Republican AGs Trash Sustainability Groups’ Recycling...more

Cozen O'Connor

Democratic AGs Take Issue with DOL’s Risky Reinterpretation of General Duty Clause

Cozen O'Connor on

Illinois AG Kwame Raoul co-led a group of 11 Democratic AGs and three state labor departments in submitting a letter opposing a U.S. Department of Labor (DOL) proposed rule that would limit the Occupational Safety and Health...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Occupational Safety and Health Administration Deregulatory/Clean-Up Initiatives: American Industrial Hygiene Association Comments

The American Industrial Hygiene Association (“AIHA”) submitted November 1st comments styled: Consolidated Comments of the American Industrial Hygiene Association (AIHA) on OSHA’s Deregulatory and Clean-Up Actions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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....more

Pillsbury Winthrop Shaw Pittman LLP

OSHA Proposes Removing Application of General Duty Clause to Inherently Risky Professional Activities

At least six industries (live entertainment and performing arts; animal handling and performance; professional and extreme sports; motorsports and high-risk recreation; tactical, defense and combat simulation training; and...more

Parker Poe Adams & Bernstein LLP

OSHA Proposes Exclusion of Intrinsic Dangers From General Duty Clause Enforcement

In 2010, a trainer at SeaWorld was grabbed and drowned by an orca during a live show. Following an investigation, the federal Occupational Safety and Health Administration issued citations to the employer under the General...more

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