News & Analysis as of May 30, 2025

Occupational Safety and Health Administration › Administrative Law Judge (ALJ)

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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 -

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

Conn Maciel Carey LLP on 4/11/2025

Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

Frequently Asked Questions for Employers About OSHA (Updated for 2025)

Fisher Phillips on 3/12/2025

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

New Challenges Loom for OSHA and OSHRC Amid Quorum Issues, Potential ALJ Removals, and Recent Supreme Court Jurisprudence

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/27/2025

“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

Recent Federal OSHA Workplace Violence Case Provides a Road Map on General Duty Clause in Workplace Violence Cases

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/14/2025

On October 25, 2021, a customer named Jacob Bergquist, with a history of violating the Boise Towne Square Mall’s firearms ban, opened fire at the mall. The shooting in the Idaho mall led to the deaths of a Professional...more

OSHRC ALJ Vacates Workplace Violence General Duty Citation

Cozen O'Connor on 2/5/2025

By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people...more

Top 2025 Predictions for Workplace Safety

Fisher Phillips on 1/7/2025

Our Workplace Safety thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more

Third Circuit Refuses to Enforce Preliminary Reinstatement Order Issued By OSHA

Proskauer - Whistleblower Defense on 11/20/2024

On October 15, 2024, the U.S. Court of Appeals for Third Circuit declined to enforce a preliminary reinstatement order issued by OSHA in favor of two purported whistleblowers under SOX, holding that the former employees lost...more

Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/8/2024

In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the...more

Breaking Ground After Chevron Demolished: What Construction Employers Can Expect in This Next Phase

Fisher Phillips on 7/26/2024

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Wiley Rein LLP on 7/11/2024

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more

Supreme Court in Jarkesy Limits the SEC’s Powers to Use In-House Administrative Courts

Mintz - Securities Litigation Viewpoints on 7/1/2024

On June 27, the Supreme Court issued its decision in the closely-watched SEC v. Jarkesy, holding that the SEC could no longer seek civil monetary penalties for fraud in its in-house courts consistent with the Seventh...more

U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

Seyfarth Shaw LLP on 5/31/2024

Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last...more

DOL’s Legal Team & OSHA Step Up Enforcement For Repeat & Willful Violations

Hendershot Cowart P.C. on 3/4/2024

In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more

OSH Law Primer, Part I: Understanding the OSH Act and OSHA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/12/2024

This is the first in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act, the Occupational Safety and Health Administration (OSHA), and how both...more

Supreme Court skeptical of ALJs role in regulatory enforcement

Hogan Lovells on 12/14/2023

The Supreme Court, in Securities Exchange Commission v. Jarkesy, is considering the constitutionality of using administrative law judges (ALJs) in securities fraud cases, potentially impacting federal agencies' ability to...more

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/21/2023

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

Jackson Lewis P.C. on 5/30/2023

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA...more

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2023

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more

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Occupational Safety and Health Administration › Administrative Law Judge (ALJ)

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

Frequently Asked Questions for Employers About OSHA (Updated for 2025)

New Challenges Loom for OSHA and OSHRC Amid Quorum Issues, Potential ALJ Removals, and Recent Supreme Court Jurisprudence

Recent Federal OSHA Workplace Violence Case Provides a Road Map on General Duty Clause in Workplace Violence Cases

OSHRC ALJ Vacates Workplace Violence General Duty Citation

Top 2025 Predictions for Workplace Safety

Third Circuit Refuses to Enforce Preliminary Reinstatement Order Issued By OSHA

Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System

Breaking Ground After Chevron Demolished: What Construction Employers Can Expect in This Next Phase

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Supreme Court in Jarkesy Limits the SEC’s Powers to Use In-House Administrative Courts

U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

DOL’s Legal Team & OSHA Step Up Enforcement For Repeat & Willful Violations

OSH Law Primer, Part I: Understanding the OSH Act and OSHA

Supreme Court skeptical of ALJs role in regulatory enforcement

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

OSHA Fails to Prove Feasible, Effective Abatement for Excessive Heat Hazard, Commission Rules

How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

A New Chairperson Now Leads The Occupational Safety And Health Review Commission

OSHRC Unanimously Vacates Machine-Guarding Citation, and then Two More

Occupational Safety And Health Review Commission Issues Spate Of Pro-Employer Decisions

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Occupational Safety and Health Administration › Administrative Law Judge (ALJ)

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