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
11/8/2024
/ Administrative Law Judge (ALJ) ,
Administrative Review ,
Compliance ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Enforcement Authority ,
Jurisdiction ,
OFCCP ,
OSHA ,
OSHRC ,
SCOTUS ,
SEC v Jarkesy ,
Take Care Clause
Although cannabis remains illegal under federal law, that has not prevented the Occupational Safety and Health Administration (OSHA) from enforcing the Occupational Safety and Health Act (OSH Act) against cannabis-related...more
On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015...more
This is the ninth 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
9/9/2024
/ Chemicals ,
Final Rules ,
Globally Harmonized System ,
Hazardous Communication Standard ,
Hazardous Substances ,
Health and Safety ,
Notice Requirements ,
OSH Act ,
OSHA ,
Toxic Chemicals ,
United Nations ,
Workplace Hazards ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) issues regulations and standards, but those cannot possibly address all workplace health and safety conditions. As a result, OSHA does two things: one is to incorporate...more
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers...more
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more
5/17/2023
/ Administrative Agencies ,
Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Citations ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Judicial Review ,
OSHA ,
Safety Violations ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation of Powers
California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health’s (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational...more
Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., citable violative conduct)....more
The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more