News & Analysis as of

Workplace Safety Rulemaking Process

Bergeson & Campbell, P.C.

EPA Withdraws Motion to Hold Asbestos Case in Abeyance, Will Explore Using Guidance to Clarify Workplace Protection Requirements 

As reported in our June 28, 2025, blog item, on June 16, 2025, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the Fifth Circuit requesting that litigation over its 2024 final...more

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

Supreme Court’s Ruling Could Raise Significant Risks for OSHA’s Operations

On July 8, 2025, the Supreme Court of the United States issued a stay in Trump v. American Federation of Government Employees, No. 24A1174, permitting the implementation of President Trump’s Executive Order No. 14210, which...more

Warner Norcross + Judd

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

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

Fisher Phillips

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

Fisher Phillips on

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

Jackson Lewis P.C.

Public Hearings on OSHA’s Proposed Heat Hazard Rule Begin

Jackson Lewis P.C. on

Monday, June 16, 2025, marked the first day of informal public hearings on the Occupational Safety and Health Administration’s (OSHA) proposed rule aimed at preventing heat-related injuries and illnesses in both outdoor and...more

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

Loss of NIOSH Team May Jeopardize OSHA’s Effort to Create Heat Injury and Illness Prevention Standard

The hearing on the Occupational Safety and Health Administration’s (OSHA) proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Standard began on June 16, 2025. The hearing is the third step in what...more

Conn Maciel Carey LLP

A (Brief) Preview of the Future of Workplace Safety & Health: Trump’s Nominee to Lead OSHA Appears Before the Senate HELP...

Conn Maciel Carey LLP on

On Thursday, June 5, David Keeling, President Trump’s nominee to serve as Assistant Secretary of Labor (OSHA), appeared before the Senate Committee on Health, Education, Labor and Pensions (the “HELP Committee”). After...more

Seyfarth Shaw LLP

Sweating the Details: Cal/OSHA Proposes Changes to Heat Regulations

Seyfarth Shaw LLP on

On May 7, 2025, Cal/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom...more

Conn Maciel Carey LLP

[Webinar] Cal/OSHA Mid-Year Update - May 21st, 10:00 am PT

Conn Maciel Carey LLP on

Our annual Mid-Year Update webinar is a great opportunity for employers to check in and get a comprehensive update on all things Cal/OSHA. Join us as we explore what Cal/OSHA has been up to midway through 2025, from staffing,...more

Cozen O'Connor

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

Cozen O'Connor on

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

Conn Maciel Carey LLP on

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

Husch Blackwell LLP on

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

Conn Maciel Carey LLP on

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

Saul Ewing LLP on

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

Conn Maciel Carey LLP

[Webinar] MSHA 2024 Review / 2025 Preview & SCOTUS - January 30th, 10:00 am PT

Conn Maciel Carey LLP on

In this webinar, we will examine MSHA's priorities, rulemaking, enforcement tactics, and emphasis programs from 2024. We'll review the interactions between the agency and operators during the final year of the Biden...more

Husch Blackwell LLP

MSHA/OSHA Civil Penalty Amounts Increase for 2025

Husch Blackwell LLP on

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

Fisher Phillips

Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

Fisher Phillips on

The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has...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

Conn Maciel Carey LLP on

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

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

Jackson Lewis P.C. on

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

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