News & Analysis as of May 28, 2025

Occupational Safety and Health Administration › OSH Act › Regulatory Authority

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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... more +

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

DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2024

The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more

Chevron's Overruling Raises Questions Over OSHA's Regulatory Authority

Parker Poe Adams & Bernstein LLP on 7/5/2024

The intricacies of federal administrative law can feel far removed from business’s day-to-day operations, but the Supreme Court’s decision last week in Loper Bright Enterprises v. Raimondo could have profound impacts on the...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

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

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