News & Analysis as of

Occupational Safety and Health Administration › Regulatory Authority

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

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

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

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

K&L Gates LLP

Loper Bright's Potential Effect on Federal Labor and Employment Law: Possible Consequences for Agencies and Practitioners

K&L Gates LLP on

On 28 June 2024, the US Supreme Court in Loper Bright Enterprises v. Raimondo (Loper Bright) overturned the 40-year-old Chevron doctrine, which required courts to defer to federal agencies’ reasonable interpretations of...more

Foley & Lardner LLP

No More Chevron Deference: What Does This Mean for Employers?

Foley & Lardner LLP on

From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

Littler

OSHA in the Post-Chevron Era: What’s Next for the Agency?

Littler on

On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc....more

Conn Maciel Carey LLP

Destabilized But Not Yet Deconstructed: Analysis of This Momentous SCOTUS Term for the Administrative State

Conn Maciel Carey LLP on

The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more

Venable LLP

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

Venable LLP on

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron...more

Saul Ewing LLP

OSHA in the Wake of Loper Bright: The Upheaval to OSHA Citation Defenses and the Regulatory

Saul Ewing LLP on

The Supreme Court’s highly-anticipated decision in Loper Bright Enters v. Raimondo overturned decades-old precedent requiring courts under Chevron USA v. Natural Resources Defense Council, Inc. to defer to federal agency...more

Morgan Lewis

Practical Guidance on Labor and Employment Issues in a Post-Chevron World

Morgan Lewis on

With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more

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

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

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

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

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Bass, Berry & Sims PLC

Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions

Bass, Berry & Sims PLC on

On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to...more

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

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

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

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

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Parker Poe Adams & Bernstein LLP on

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

Parker Poe Adams & Bernstein LLP

Can OSHA Regulate the Pace of Work to Enforce Ergonomic Safety?

Parker Poe Adams & Bernstein LLP on

The Washington State Department of Labor and Industries (DLI) and Amazon are engaged in a high-stakes dispute over the agency’s ability to require changes at warehouse operations intended to reduce what the state...more

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

Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule

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

On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more

Pierce Atwood LLP

COVID-19: Whatever Happened to OSHA?

Pierce Atwood LLP on

From the early days of the pandemic, we’ve covered the importance of having an Infectious Disease Preparedness and Response Plan based on existing OSHA Guidance. That Plan – based on CDC guidance, incorporating state-specific...more

Polsinelli

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

Franczek P.C.

OSHA Redesigns Whistleblower Protection Program Website. Is your Anti-Retaliation Program up to Date?

Franczek P.C. on

OSHA recently modernized its Whistleblower Protection Program Website. The redesigned site includes useful and interactive materials regarding whistleblower statutes enforced by OSHA, including a video that highlights...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide