News & Analysis as of May 9, 2025

Occupational Safety and Health Administration › Constitutional Challenges

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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 -

Are the Days of OSHA’s Rulemaking and Reliance on Consensus Standards Numbered?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2025

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

Report From Day 1 of The 2025 ABA OSHA/MSHA Law Conference

Seyfarth Shaw LLP on 3/6/2025

This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in...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

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2025

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

What’s Next at OSHA: Workplace Safety Regulations Under Scrutiny

Woods Rogers on 2/11/2025

“The Occupational Safety and Health Act of 1970 is repealed. The Occupational Safety and Health Administration is abolished.” Those are the words of Congressman Andy Biggs (R-AZ) when he introduced H.R. 86 on the floor of the...more

New Walkaround Rule Welcomes Unions into Private Workplaces

Seyfarth Shaw LLP on 1/29/2025

The State of Washington is proposing a new workplace safety rule that allows employees to designate a non-employee third-party representative—including unrelated union activists—during workplace safety inspections conducted...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

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

Bracewell LLP on 7/2/2024

The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative...more

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Parker Poe Adams & Bernstein LLP on 9/1/2023

Under constitutional law, the nondelegation doctrine prevents Congress from adopting laws that give administrative agencies overly broad discretion to adopt regulations that usurp its legislative authority. Recently, the...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

If There Is a Constitutional Right to Earn a Living, What Happens to OSHA?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/29/2022

Like virtually every other governmental entity in the world, in March 2020 the City of Columbus, Mississippi, enacted strict lockdown measures affecting private business and public places of worship in an effort to slow the...more

Red Light, Green Light: A Status Update on Federal Vaccine Mandates for Private Employers

Pullman & Comley - Labor, Employment and... on 2/3/2022

OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more

Federal OSHA Withdraws COVID-19 Vaccination and Testing Emergency Temporary Standard

Weintraub Tobin on 1/31/2022

Our Blog has been monitoring the ETS that OSHA issued in November 2021 that mandated employers of 100 or more employees to require their employees to obtain COVID-19 vaccinations or undergo regular COVID-19 testing instead. ...more

OSHA Throws in Towel on Emergency "Vaccinate-or-Test" Mandate; Permanent Rule Looms

Lowndes on 1/28/2022

Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more

Biden Administration Withdraws Workplace Vaccine Mandate

Kohrman Jackson & Krantz LLP on 1/27/2022

The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent...more

OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard

Bodman on 1/27/2022

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more

Mandate, We Hardly Knew You: OSHA Withdraws Large Employer Vaccine Standard

Bradley Arant Boult Cummings LLP on 1/27/2022

As we all know, the Supreme Court stayed the COVID-19 vaccine mandate for employers with 100 or more employees. As of today, OSHA has withdrawn that emergency temporary standard. The announcement notes that:...more

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

Kohrman Jackson & Krantz LLP on 1/27/2022

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Supreme Court Halts OSHA Vaccine/Testing Mandate, But Permits Healthcare Industry Requirement

Levenfeld Pearlstein, LLC on 1/27/2022

Recently, the U.S. Supreme Court blocked the OSHA Emergency Temporary Standard (“ETS”) that would have required all employers with 100+ employees to mandate vaccination or testing, while allowing the Department of Health and...more

More Administration Actions on the COVID-19 Vaccination Front

Stinson - Government Contracting Matters on 1/27/2022

The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more

OSHA Announces the Withdrawal of its COVID-19 Vaccine-or-Test Mandate as an Emergency Temporary Standard

Harris Beach Murtha PLLC on 1/26/2022

The Occupational Safety and Health Administration (OSHA) announced today, Jan. 25, 2022, that it is withdrawing its November 5, 2021 Emergency Temporary Standard (ETS), which would have required many private employers with...more

OSHA Hints at Permanent COVID-19 Standard, Withdraws Vax-or-Test ETS

McDermott Will & Emery on 1/26/2022

On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose...more

Federal OSHA Withdraws its Vaccine-or-Test ETS: What’s Next?

Littler on 1/26/2022

On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

FordHarrison on 1/26/2022

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision...more

OSHA Withdraws Vax-or-Test Emergency Temporary Standard

Polsinelli on 1/26/2022

Following the Supreme Court’s ruling earlier this month, the Occupational Safety and Health Administration (“OSHA”) is withdrawing the vaccination and testing emergency temporary standard (“ETS”). The withdrawal is effective...more

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Occupational Safety and Health Administration › Constitutional Challenges

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