The Tenth Circuit U.S. Court of Appeals has reaffirmed the authority of Occupational Health and Safety Administration’s (OSHA) to cite healthcare employers for workplace violence under its General Duty Clause. In a February...more
In a February 13, 2026 decision, Cedar Springs Hospital v. Occupational Safety and Health Review Commission (OSHRC), No. 24-9519 (10th Cir. 2026), the Tenth Circuit U.S. Court of Appeals reaffirmed the Occupational Health and...more
The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump, holding that members of the Merit Systems Protection Board (MSPB) and National Labor...more
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
While grain and feed employers have a relatively clear idea of what OSHA expects them to do when entering bins, maintaining equipment, and preventing the accumulation of fugitive dust because those requirements are set forth...more
The Occupational Safety and Health Administration (OSHA) is officially back to full operations, now that the government shutdown has ended....more
The Occupational Safety and Health Administration (OSHA) is officially back to work now that the government shutdown has ended. Now that OSHA has a full complement of agency staff available, employers should be prepared for...more
Newly-confirmed member on Occupational Safety and Health Review Commission offers hope for eventual resolutions of pending cases....more
On October 7, the U.S. Senate approved President Donald Trump’s nomination of Jonathan Snare to the Occupational Safety and Health Review Commission (OSHRC). OSHRC handles appeals of federal OSHA citations. ...more
Today’s constitutional challenges to the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) converge on three fronts: Article II of the U.S. Constitution...more
The Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) emerged from the Occupational Safety and Health Act of 1970 to address widespread concerns about...more
The U.S. Senate’s October 7, 2025, confirmation of Jonathan L. Snare to the Occupational Safety and Health Review Commission (OSHRC)—the three-member adjudicatory agency that has not had a commissioner since April 2025—was an...more
Two cases before the Tenth Circuit Court of Appeals could place limits on the Occupational Safety and Health Administration’s (OSHA) ability to cite employers for failing to prevent workplace violence....more
With the federal government now shut down, the Department of Labor (DOL) has invoked its shutdown contingency plan that will remain in effect until Congress appropriates funding. Shutdowns occur because the Antideficiency...more
The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has...more
A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share...more
Every April, organizations across the United States recognize Workplace Violence Awareness Month, an important time to highlight the risks of workplace violence and the steps necessary to prevent it. It is also an opportunity...more
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
“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
This is a continuation of the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and...more
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
This is the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
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
Kenric Steel, LLC, a New Jersey based steel fabrication company, filed a complaint in the U.S. District Court of New Jersey alleging that the Occupational Safety and Health Review Commission (OSHRC), an independent federal...more
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