Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee’s Midwinter Meeting in San Juan with sessions that took a deep dive into the future of AI in safety, trial advocacy in OSHA litigation, necessary modernization of longstanding OSHA standards, and the ethical landscape surrounding inspections and citations. Here
Continue Reading ABA OSHA Midwinter Meeting – Day 3 Recap (February 27)
We are back in San Juan, Puerto Rico for Day 2 of the American Bar Association’s Workplace and Occupational Safety and Health (WOSH) Committee Midwinter Meeting. Today’s sessions featured a diverse mix of experts—behavioral psychologists, management and employee-side attorneys, consultants, and industry representatives—discussing workplace violence, settlement strategies, drug and alcohol challenges, newly-proposed regulations, and broader organizational issues affecting OSHA practice.
Continue Reading Report From Day 2 of the 2026 ABA OSH Law Conference
We are in San Juan, Puerto Rico for the American Bar Association’s Workplace Occupational Safety and Health committee’s midwinter meeting. Today’s sessions featured panels of employer and defense attorneys, representatives from various non-profit organizations dedicated to workers safety, and state regulatory agencies discussing the impact of recent deregulation, discrepancy in inspections and enforcement, and the evolution of state plans.
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Continue Reading Report From Day 1 of the 2026 ABA OSH Law ConferenceThe March 1st deadline for OSHA online reporting is approaching. Many employers are required to submit workplace injury and illness information electronically. Now is a great time to confirm whether your business needs to report.
Which Employers Are Required to Report?
You are required to complete OSHA online reporting if any of the following apply:
1. Establishments with
Continue Reading OSHA Online Reporting Due by March 1st
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 SaysEmployers 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: Newly-confirmed member on Occupational Safety and Health Review Commission offers hope for eventual resolutions of pending cases.
On October 10, 2025, the Senate confirmed Jonathan L. Snare to serve as a Commissioner of the Occupational Safety and Health Review Commission (OSHRC), filling one of the long-vacant seats on the three-member appellate panel for federal OSHA cases. His term
Continue Reading Jonathan Snare Confirmed to the Occupational Safety and Health Review Commission
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
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