News & Analysis as of

Rulemaking Process Occupational Safety and Health Administration

Cozen O'Connor

Quick Hits: OSHRC Down to Zero Commissioners and Heat Illness Update

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The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent...more

Conn Maciel Carey LLP

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

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We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking. Conn...more

Husch Blackwell LLP

OSHA Announces Public Hearing on Heat Injury and Illness Prevention Rulemaking

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On April 16, 2025, the Occupational Safety and Health Administration (OSHA) announced that it would be hosting a virtual public hearing on its proposed rule to protect workers from hazardous heat exposure on June 16, 2025, at...more

Conn Maciel Carey LLP

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line - UPDATED 4/14/25

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On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments about the agency’s Notice of Proposed Rulemaking...more

Conn Maciel Carey LLP

[Webinar] Federal and State OSHA Heat Illness Prevention (OSHA & Cal/OSHA) - April 24th, 10:00 am PT

Conn Maciel Carey LLP on

As temperatures begin to rise, now is the time to remind employees about the importance of heat illness prevention. Although FedOSHA made tremendous efforts towards promulgating a heat illness prevention standard for both...more

Saul Ewing LLP

Future of OSHA Heat Safety Rule Uncertain Under Trump Administration

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In a flurry of executive orders starting at inauguration, the Trump White House has dramatically shifted administrative agencies’ operations, including those of the Occupational Safety and Health Administration (OSHA) and its...more

Parker Poe Adams & Bernstein LLP

Executive Order Halts OSHA Rulemaking

A broad executive order issued in the first days of the Trump administration has indefinitely delayed a number of changes to safety standards proposed by the Occupational Safety and Health Administration....more

Husch Blackwell LLP

MSHA/OSHA Civil Penalty Amounts Increase for 2025

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On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%.  The chart below applies to any penalties assessed after January 15,...more

Bradley Arant Boult Cummings LLP

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

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?

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

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

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

Conn Maciel Carey LLP on

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

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

Conn Maciel Carey LLP on

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

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

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

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

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

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