OSHA Enforcement

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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: 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

The Trump Administration’s fiscal year 2026 budget proposal includes big cuts for OSHA.  The Fiscal Year 2026 Congressional Budget Justification is available here.  The plan includes an 8% overall budget cut to the Occupational Safety and Health Administration (OSHA). The proposed budget would reduce OSHA’s funding from $632.3 million in FY 2025 to $582.4 million in FY 2026.  In…

Continue Reading Trump Budget Plan Proposes Big Cuts to OSHA, Lowering Head Count and Limiting Enforcement Capabilities

Seyfarth Synopsis: 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 at the conclusion of the 2021-22 legislative session. These proposed changes alter how employers must respond to heat hazards, and introduce new…

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

Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada Occupational Safety and Health Administration (NV OSHA) begins enforcement of its newly adopted heat illness prevention regulation. The regulation, found in Section 618 of the Nevada Administrative…

Continue Reading Hot Topic: Nevada Joins Ranks of States Enforcing Onerous New Heat Illness Rules

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