Artificial intelligence (AI) is becoming a powerful tool in workplace safety programs—but its use also raises complex legal and governance questions. This Insight examines how employers can integrate AI into safety...more
Employers covered by OSHA’s recordkeeping rules should prepare now for the upcoming deadline to post the OSHA 300A Annual Summary of workplace injuries and illnesses. The required posting period runs from February 1 through...more
In June 2025, the United States Department of Labor announced a planned expansion of its opinion letter program intended to increase compliance assistance across several agencies including OSHA. The initiative is intended to...more
Employers generally view workplace safety enforcement as a civil problem, with criminal prosecution seen as a rare exception reserved only for the most egregious conduct. In practice, that assumption is becoming increasingly...more
In 2023, the Sixth Circuit Court of Appeals rejected arguments challenging the constitutionality of the Occupational Health and Safety Act. The suit alleged that the 1970’s law violates separation of powers principles because...more
In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees working on top of rail cars, finding these hazards outside of...more
On December 3, 2025, the Texas International Produce Association and the Texas Vegetable Association filed suit in the U.S. District Court for the Northern District of Texas, Amarillo Division, seeking declaratory and...more
The challenge to the OSH Act by two produce associations has the potential to reshape the future of workplace safety regulation and again test the outer limits of congressional delegation to administrative agencies....more
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
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
As 2025 comes to a close, employers across the country should be thinking about what employment laws impose new or heightened compliance requirements for 2026. Compliance with the Occupational Safety and Health Act (OSH Act)...more
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
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
By Mark Ishu The Supreme Court’s decision in SEC v. Jarkesy (2024) and the Fifth Circuit’s ruling in SpaceX v. NLRB (2025) together mark the most significant challenge in decades to the modern administrative state. Both...more
Because our lawmakers were unable to resolve their differences over the federal budget, the United States federal government shutdown on October 1, 2025, and continues to be shutdown. As a result, approximately 750,000...more
I sometimes think that lawyers should be awarded points for creativity, even when their legal arguments fail to persuade judges. A good example of this is a recent decision from the Seventh Circuit Court of Appeals affirming...more
Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more
In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more
A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share...more
OSHA just proposed a new rule that would restrict its own ability to regulate inherently risky work, signaling a major shift in how the agency would apply the broad “General Duty Clause” in the sports, entertainment, and...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
In a July 2025 Notice of Proposed Rule Making, the Occupational Safety and Health Administration (OSHA) unveiled its plans to narrow its interpretation of numerous safety regulations....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
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