News & Analysis as of August 17, 2025

Rulemaking Process

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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 -

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on 7/9/2025

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

Parker Poe Adams & Bernstein LLP on 9/1/2023

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

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

Fisher Phillips on 8/30/2023

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

Vaccine Mandates And Vaccine Bans – Clues On Where This Ends And Making Decisions In The Interim

Foley & Lardner LLP on 10/19/2021

On September 9, 2021, President Biden announced plans for the federal Occupational Safety and Health Administration (OSHA) to issue an “Emergency Temporary Standard” (ETS) mandating that all employers with more than 100...more

Biden Administration Announces Heat-Related Hazard Inspection Initiative, Upcoming Rulemaking

Stinson LLP on 9/21/2021

As part of the Biden Administration's efforts to protect workers, the White House announced formal efforts to address heat-related illnesses. The first step is OSHA's recent memo establishing an enforcement initiative to...more

Occupational Safety and Health Administration: 2019 in Review

Littler on 12/16/2019

As 2019 comes to a close, the Occupational Safety and Health Administration (OSHA) remains active both on the regulatory and enforcement fronts, so employers must continue to be vigilant and proactive on their safety and...more

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

Fisher Phillips on 2/14/2018

Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

Seyfarth Shaw LLP on 10/24/2016

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

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Occupational Safety and Health Administration › Corporate Counsel › Rulemaking Process

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