OSHA Compliance

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Seyfarth Synopsis: New York requires hospitals and nursing home employers to implement written workplace violence prevention plans, including hazard assessments, training, and incident logging within the year.

Health care employers have long faced liabilities relating to workplace violence, most commonly from patients and visitors.  Although no federal OSHA standards currently provide requirements for workplace violence in health care (though…

Continue Reading New York Latest State to Institute Workplace Violence Prevention Program Requirements for Hospitals and Nursing Homes

Seyfarth Synopsis: In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees working on top of rail cars, finding these hazards outside of OSHA’s statutory jurisdiction.

The Federal Railroad Administration (“FRA”) and federal Occupational Safety and Health Administration (“OSHA”) traditionally split jurisdiction over working…

Continue Reading OSHA Cannot Issue Citations Relating to Employee Work on Rail Cars, Eighth Circuit Says

Employers with sophisticated safety programs implement overarching Safety and Health Management Systems (“SHMS”, also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly assess hazards, select appropriate safety controls, evaluate safety performance, and engage employees. Federal OSHA recommends an SHMS and routinely demands the development of an SHMS to settle OSHA cases involving serious…

Continue Reading Minimizing OSHA Liabilities Through Psychological Safety

Seyfarth Synopsis: David Keeling’s confirmation as OSHA Chief could give regulatory and enforcement direction to OSHA when federal government funding is restored, likely moving the agency towards enhanced collaboration with industry and refocusing of enforcement priorities.  

Senate Confirms Keeling

On October 6, 2025, as part of a larger confirmation of Trump appointees, the Senate voted 51-47 to confirm as…

Continue Reading David Keeling Confirmed as OSHA Chief: A New Era for Cooperation and Enhanced Occupational Safety?

Seyfarth Synopsis: Despite Congress failing to fund the federal government, the Department of Labor and OSHA will continue to operate with a skeleton crew. Citations will still be issued, deadlines remain in effect, and employers must report serious injuries and fatalities.

OSHA Furloughed Most Staff

On October 1, 2025, the federal government entered a shutdown following Congress’s failure to fund…

Continue Reading Shutdown Guide: Navigating OSHA Compliance During the Federal Government Shutdown

Introduction

OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. Unions often dispute staffing levels, complaining that employers have insufficient bargaining unit members and insufficient members with seniority. Individual complainants allege that they are left to work alone, have no backup in case of emergency, or are at enhanced…

Continue Reading Safe Staffing Levels? OSHA and Legal Liabilities

Seyfarth Synopsis: Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements.

Oregon Governor Tina Kotek signed Senate Bill 592 into law in 2023, requiring Oregon OSHA to increase penalties and implement a program for follow-up inspections for significant citations. In response, Oregon OSHA implemented its…

Continue Reading I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

Seyfarth Synopsis: On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation.

As we previously blogged, on February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. In the first Trump Administration, the…

Continue Reading Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace Violence Plans

On May 13, 2025, Cal/OSHA released a new discussion draft of its proposed regulation on Workplace Violence Prevention in General Industry. This latest version updates the July 15, 2024 draft we previously blogged about, and reflects stakeholder input gathered through the advisory committee process.

Key Proposed Revisions

Confronting Suspected Criminals

One of the most significant changes is the removal…

Continue Reading Update: Cal/OSHA Releases Revised Draft Workplace Violence Prevention Regulation, Strikes Prohibition on Confronting Shoplifters

The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners have observed state plans making significant efforts to develop and implement workplace violence prevention plans. For example, California’s prevention plan requirements for general industry went into effect…

Continue Reading Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference