News & Analysis as of

Occupational Safety and Health Administration › Rulemaking Process

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 -
Bradley Arant Boult Cummings LLP

It’s Getting Hot in Here: OSHA Proposes New Heat Hazard Rules

Bradley Arant Boult Cummings LLP on

Did you know that OSHA does not currently have a specific standard covering heat stress hazards? Rather, OSHA uses the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to impose requirements...more

Littler

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

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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

Fisher Phillips

Workplace Safety and Mine Safety Will Be Transformed in the Post-Chevron Era: What Should Employers Expect?

Fisher Phillips on

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. We’re looking at the specific...more

Conn Maciel Carey LLP

OSHA Reveals Its Official Proposed Indoor and Outdoor Heat Illness Prevention Rule – Join CMC’s Heat Illness Rulemaking Coalition

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To kick off the 4th of July Celebration early, today, July 2, 2024, OSHA released an unofficial version of its Indoor and Outdoor Heat Illness Prevention Notice of Proposed Rulemaking (“NPRM”). An official version will be...more

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

Beltway Buzz - June 2024 #2

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The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Conn Maciel Carey LLP

Update On OSHA’s Heat Illness Prevention Rulemaking – Join CMC’s Rulemaking Coalition for the Final Phase

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Unsurprisingly, as temperatures rise, activity on OSHA’s Outdoor and Indoor Heat Illness Prevention rulemaking is heating up, too. On May 8, 2024, OSHA announced that it is moving closer to publishing a proposed Heat Illness...more

Jackson Lewis P.C.

MSHA Issues Long Awaited Final Silica Rule

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The Mine Safety and Health Administration (“MSHA”) released its long-anticipated silica rule on Tuesday, April 16, 2024. (See the rule here) The rule is aimed at reducing miners’ exposure to respirable crystalline silica,...more

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

As Temperatures Start to Rise, OSHA Takes Steps to Implement Rules Concerning Heat Illness Prevention

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

For a number of years, the Occupational Safety and Health Administration (OSHA) has promised a heat injury and illness prevention standard. To date, proposals related to heat injury and illness in outdoor settings have been...more

Conn Maciel Carey LLP

MSHA Respirable Crystalline Silica Rule Clears OMB Review – Final Rule Is Imminent

Conn Maciel Carey LLP on

We have an important update to share about the status of MSHA’s Respirable Crystalline Silica rulemaking, officially proposed as Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection....more

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

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Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

Seyfarth Shaw LLP

Report From Day 1 of The 2024 ABA OSHA/MSHA Law Conference

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Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the...more

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

OSH Law Primer, Part III: The Duty to Comply With Standards

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

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

Conn Maciel Carey LLP

OSHA Officially Published Its Proposed Emergency Response Rule

Conn Maciel Carey LLP on

We hope you saw our post last week about OSHA’s new Emergency Response Rulemaking and the Rulemaking Coalition that Conn Maciel Carey LLP is organizing to work on this surprisingly onerous proposed rule....more

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

OSH Law Primer, Part II: Creating Standards and Regulations

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

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

Fisher Phillips

OSHA’s Proposed Rule Would Allow Union Walkthroughs of All Worksites: Your 7-Step Survival Guide

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Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more

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

Beltway Buzz - July 2023 #3

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Su Nomination in Limbo. Late last week, Senator Joe Manchin publicly voiced his opposition to Julie Su’s nomination to be secretary of labor. ...more

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

Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare

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The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard...more

Snell & Wilmer

U.S. Court of Appeals Finds “No Clear Duty” for OSHA To Issue Permanent COVID-19 Healthcare Standard

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In June 2021, the United States Department of Labor, Occupational Safety and Health Administration (“Fed OSHA”) enacted a COVID-19 Emergency Temporary Standard (“ETS”) governing the health care industry. The ETS had a...more

Arnall Golden Gregory LLP

Long-Term Care Facilities Brace for Additional OSHA Inspections Under Extended COVID-19 NEP

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The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022, that it was extending “until further notice” its revised COVID-19 National Emphasis Program (“NEP”), which had been set to expire on July...more

Cozen O'Connor

OSHA Releases Updated Agenda For Rulemaking

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On June 21, 2022, the Department of Labor released the Spring 2022 rulemaking agenda. The dates listed on the schedule are non-binding but reflect priority issues for OSHA. The newly published agenda makes clear that the...more

Adams and Reese LLP

Top 5 OSHA Initiatives in 2022

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Under the Biden administration, OSHA rulemaking has increased dramatically. As a result, there are a variety of new regulations and enforcement strategies currently being discussed that will impact general industry and...more

Foley & Lardner LLP

No More Masks on Public Transportation (For Now) – Is Government Regulation of COVID-19 Ending?

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Following a federal judge’s ruling last week, striking down the Centers for Disease Control and Prevention’s (CDC’s) mask mandate in airports and other public transportation settings nationwide, the agency’s ability to impose...more

Robinson+Cole Health Law Diagnosis

OSHA Taking Comments on Proposed Permanent Healthcare COVID-19 Standard

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OSHA has partially reopened the rulemaking record and scheduled an informal public hearing to seek comments on several topics relating to the development of a final standard to protect healthcare and healthcare support...more

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

OSHA Formally Withdraws Its COVID-19 ETS

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On January 25, 2022, the U.S. Occupational Safety and Health Administration (OSHA) formally withdrew its November 5, 2021, emergency temporary standard (ETS), which applied to large employees. Since its issuance in November,...more

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