OSHA is urging a federal appeals court to reject a Texas construction firm’s argument that its safety standards for crane assembly and disassembly do not cover preparatory steps, arguing that the rule is “unambiguous” and that even if its scope is unclear judges should defer to the agency’s reasonable interpretation.
September 17, 2026
The U.S. Court of Appeals for the 3rd Circuit is weighing competing briefs from OSHA and two subsidiaries of the healthcare giant UHS in an appeal testing when the agency can treat legally distinct companies as a “single employer,” as each side claims the other is trying to overturn foundational precedent on that question.
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California lawmakers signaled at a recent hearing that they are open to new legislation that would speed up worker-safety rulemakings and bolster enforcement at the state’s OSHA (Cal/OSHA), after labor representatives complained that several critical safety standards are taking years to complete and enforcement is lacking at best in many key sectors.
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The United Steelworkers (USW) is urging OSHA to quickly propose and enact a sweeping overhaul of its process safety management (PSM) standard, arguing that the current “activity-based” model is inadequate and that the agency instead should require employers to show they have eliminated process safety dangers “to the greatest extent feasible.”
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Republicans on the House labor panel offered a preview of their potential agenda as the incoming majority during a recent workforce protection hearing, as top GOP members accused Democrats of using safety concerns as an excuse to expand union membership while decrying the Biden OSHA’s focus on regulation over compliance assistance as “authoritarian.”
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California OSHA’s (Cal/OSHA) standards board members are grudgingly accepting that the agency will not restore “exclusion pay” requirements in its long-term COVID-19 worker-safety standard, after staffers told them inserting the benefit would delay the rule by at least seven months -- which would leave no coronavirus standard in place as of Jan. 1.
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Leaders of the Chemical Sector Coordinating Council (CSCC), an industry coalition that works with the Department of Homeland Security (DHS), are urging Congress to swiftly reauthorize the Chemical Facility Anti-Terrorism Standards (CFATS) program before it expires in 2023, emphasizing what they say has been valuable public-private collaboration and successful work preventing cybersecurity and other chemical incidents.
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Leaders on the Senate Environment and Public Works Committee (EPW) appear likely to support President Joe Biden’s latest nominees to the Chemical Safety and Hazard Investigation Board (CSB), after lawmakers on both sides of the aisle appeared to praise their qualifications and welcomed their promises to focus on hiring at the short-staffed agency.
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Employer attorneys are highlighting a recent decision by an Occupational Safety and Health Review Commission (OSHRC) judge as a rare signal of the agency’s burden to show workers should be considered employees and not contractors under the OSH Act, just as the Labor Department is weighing a new rulemaking to define those categories.
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Employers and trade groups are warning OSHA against moving forward with planned reforms to the process safety management (PSM) standard, arguing that they would make the rule less flexible without proof they are needed for safety, and that it must ensure the PSM program remains aligned with EPA’s risk management program (RMP) facility safety rule.
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An Ohio firm is asking the U.S. Court of Appeals for the 6th Circuit to hold that Congress violated the Constitution when it directed OSHA to set workplace safety standards as “reasonably necessary or appropriate,” arguing that the OSH Act lacks any “limiting principle” on agency discretion, while also downplaying potential impacts of a future ruling in its favor.
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The American Chemistry Council (ACC) is escalating its attacks on the peer review of EPA’s draft Integrated Risk Information System (IRIS) formaldehyde assessment, arguing that “deficiencies” in the review committee’s first public meeting were “inconsistent” with federal law governing advisory panels.
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Employer attorneys are touting what they say are California’s extensive worker pay and job protections in defense of Cal/OSHA’s proposal to drop “exclusion pay” requirements from its final COVID-19 safety standard, after labor groups and their allies -- including members of the agency standards board -- have pushed to restore those mandates.
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The U.S. Court of Appeals for the 6th Circuit is weighing OSHA’s leeway to amend claims in its enforcement citations during the administrative appeal process, as an Ohio employer seeks to overturn a citation for a 2018 crane accident where it says a mid-litigation revision deprived it of “fair notice” of the agency’s allegations.
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A coalition of 20 Democratic attorneys general (AGs) is calling on EPA to strengthen its proposed risk management program (RMP) rule, saying it should require facilities to adopt inherently safer technologies and other measures that the proposal would make optional, and bolster consideration of natural disasters worsened by climate change.
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OSHA is touting a recent district court decision allowing a novel whistleblower enforcement suit over COVID-19 infection risks at a New York healthcare center to proceed despite the employee’s agreement not to sue over the alleged retaliation on her own behalf, calling it a “significant” victory for officials’ authority to prosecute similar cases across the country.
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Chemical and other facility operators are urging EPA to reconsider its proposed rule strengthening the risk management program (RMP), charging that the agency has failed to consult adequately with its own experts, resulting in a plan that is “legally vulnerable” because the agency has underestimated its costs and failed to show it will reduce risks.
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A new report from the Labor Department’s Office of Inspector General (OIG) harshly criticizes OSHA’s enforcement work during the height of the COVID-19 pandemic, charging that it “did not sufficiently protect workers from COVID-19 health hazards” and floating five recommendations for policy fixes to address those failures.
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Late changes to a proposed final rule by California OSHA (Cal/OSHA) updating first-aid kit requirements for general industry and construction firms are drawing substantial pushback from employer representatives, who argue that companies now face extremely costly and onerous reviews and upgrades of all their kits.
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In response to warnings from federal agency watchdogs, the Chemical Safety Board (CSB) has hired a chief information officer (CIO) to improve information-technology efforts, as well as bolster cybersecurity at the board.
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