News & Analysis as of July 29, 2025

Occupational Safety and Health Administration › Regulatory Authority › 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... 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 -

OSHA Proposes Rule Excluding Inherently Risky Professional Activities from Scope of General Duty Clause

Warner Norcross + Judd on 7/9/2025

Last week, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking (Proposed Rule) to clarify the application of the General Duty Clause of the Occupational Safety and Health Act to...more

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

Littler on 8/6/2024

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

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

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