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

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 -
Fisher Phillips

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

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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

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

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

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

“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

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

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

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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

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

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

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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

Jackson Lewis P.C.

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

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The Occupational Safety and Health Administration (OSHA) successfully established the existence of an excessive heat hazard for which the agency cited the employer, the Occupational Safety and Health Review Commission (OSHRC)...more

Hendershot Cowart P.C.

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

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You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more

Jackson Lewis P.C.

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

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Cynthia L. Attwood was sworn in as Chair of the Occupational Safety and Health Review Commission (Review Commission), January 20, 2021, following her designation by President Joseph R. Biden Jr. Ms. Atwood is very familiar...more

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

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

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On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated a machine-guarding citation on the ground that the injured operator had deliberately bypassed the guard that the employer...more

Jackson Lewis P.C.

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

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Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating...more

Seyfarth Shaw LLP

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

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Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

Hahn Loeser & Parks LLP

OSHRC’s Recent Ruling Provides Important Guidance on Limiting Controlling Employer Liability on Multi-Employer Worksites

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On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more

Hahn Loeser & Parks LLP

OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause

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On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more

Fisher Phillips

OSHA, Too? Will OSHA Citations Also Be Invalidated in the Wake of the Jones Brothers Case?

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After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more

Seyfarth Shaw LLP

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

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Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

Seyfarth Shaw LLP

OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

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An Administrative Law Judge has held that the Occupational Safety and Health Review Commission (OSHRC) “may have authority under the Occupational Safety and Health Act” to order abatement measures sought by the Occupational...more

Seyfarth Shaw LLP

Eighth Circuit Rejects OSHA’s Attempt to Expand the Scope of its Machine Guarding Standard

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In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more

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