A federal appeals court has overturned a district judge’s ruling that invoked OSHA’s “primary jurisdiction” over workplace protections from COVID-19 to preempt Amazon warehouse workers’ suit accusing the retailer of violating New York pandemic safeguards, setting a narrow precedent for using that doctrine to limit suits over state policies.
November 15, 2026
Labor groups and employers used a recent hearing on OSHA’s plans for a long-promised update to the process safety management (PSM) standard to set out competing demands for the rulemaking, while officials from the agency itself vowed to ensure the new policy will still be “compatible” with EPA’s pending revisions to its own facility safety rule.
Date:
OSHA is ordering ExxonMobil to reinstate two former employees who the agency says were illegally fired in retaliation for potentially leaking information to the press, and to pay them over $800,000 in back wages, compensatory damages and interest, in its second high-profile whistleblower enforcement action of recent months.
Date:
A Texas construction firm is asking the U.S. Court of Appeals for the 5th Circuit to narrow OSHA’s reading of its safety standard for assembling or disassembling cranes and other large equipment, arguing in a new brief that the agency was wrong to cite it under that rule for an accident involving preparatory steps before the disassembly process.
Date:
South Carolina is defending its lawsuit seeking to block OSHA’s mandate that state plans match federal maximum penalties for OSH Act violations, saying that the agency has shown scant justification for the requirement in either statutory text or its own rules and offered “no response” to arguments that the law explicitly gives states “flexibility” on penalties.
Date:
A federal appeals court has overturned a 2020 Occupational Safety and Health Review Commission (OSHRC) decision that took a narrow reading of OSHA’s safety standard for goods “stored in tiers,” holding that Walmart violated the rule in a 2017 accident even though the items in question were held in shelves rather than stacked directly atop one another.
Date:
A coalition of chemical firms is warning EPA that its novel “whole chemical” approach to TSCA risk determinations could “functionally disable” the law’s restrictions on using workplace risks from chemical exposures to justify rules limiting manufacture, import or use of finished articles, just as officials are preparing to step up their use of that power.
Date:
OSHA is asking a federal district court to reject South Carolina’s suit that would block the agency’s years-old requirement for states to match its annual increases to maximum OSH Act penalties, saying that the Palmetto State’s claims are both legally flawed and premature because it has made no formal move to enforce the rule.
Date:
An Ohio construction company is preparing to ask the U.S. Court of Appeals for the 6th Circuit to hold much of OSHA’s regulatory program unconstitutional under the non-delegation doctrine that limits Congress’ ability to give agencies rulemaking discretion, after a district court rejected its claims as lacking any “binding or persuasive authority."
Date:
OSHA has postponed its public hearing on potential changes to the process safety management (PSM) standard and extended the deadline for written comments, giving stakeholders more time to weigh in on a range of possible changes that include expanding the rule to cover oil and gas facilities, and updating its list of “highly hazardous” chemicals.
Date: