As we approach a Presidential Election that will determine the shape of OSHA enforcement and rulemaking for years to come, it is time to look back and take stock of what we learned from and about OSHA…

Last summer, OSHA finalized an amended E-Recordkeeping Rule, which expands the data many employers are required to submit to OSHA every year. We are also at a moment in OSHA’s history when the agency is clearly staffing…

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 causes of occupational…

OSHA’s new final Worker Walkaround Rule amends its existing regulation at 29 CFR § 1903.8(c) in two material ways: Changing the extreme bias against third-party employee representative participation in OSHA inspections by changing existing language to allow…

Employers expect OSHA to show up after reporting a serious incident or when employees complain about certain types of hazards, but the agency has been focused now, more than ever it seems, on proactive enforcement methods. As…

After years of stagnation, we’ve finally seen movement on updating process safety regulations during the Biden administration. But the revamped PSM standard and RMP rules have yet to see the light of day. We discussed when we…

Twenty-two states have OSHA-approved state plans that cover both private and state and local government workers. While state plans must be at least as effective as federal OSHA, some state plans have regulations unique to their state.…

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included…

The latest phenomenon in artificial intelligence (“AI”), generative AI such as ChatGPT, has changed the world as we know it. While some fear AI will replace workers and others praise its efficiency and productivity, there is no…

Following another close national election, President Trump returns to the White House for a second term, and resumes control over the vast Executive Branch bureaucracy, including the Department of Labor’s Occupational Safety and Health Administration. OSHA is…