The Occupational Safety and Health Review Commission (OSHRC) has issued a new decision raising the bar for OSHA to enforce its rule that requires safe storage of material in tiers to prevent it from falling on workers, the latest in a series of decisions limiting use of existing standards on the eve of the Biden administration.
September 17, 2026
As the average age of workers rises due to delayed retirements, the economic recession and other factors, employers’ attorneys are warning companies that OSHA could step up enforcement related to ergonomics hazards that can pose a greater risk to older workers even though the agency lacks an explicit ergonomics standard.
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The United Auto Workers (UAW) is pushing EPA to tighten its assessment of workplace risks from pigment violet 29 (PV29), arguing that the agency’s draft evaluation of the chemical underestimates the dangers of worker exposures, especially amid a respirator shortage caused by the COVID-19 pandemic.
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For OSHA’s 50th anniversary, President-elect Joe Biden is renewing his pledge to quickly direct the agency to consider whether to issue an emergency temporary standard (ETS) that would mandate workplace COVID-19 protections for employees, while also vowing to ramp up OSHA’s enforcement efforts and staffing levels.
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National Institute for Occupational Safety and Health (NIOSH) Director John Howard is warning employers against strictly applying guidance NIOSH issued with the Centers for Disease Control and Prevention (CDC) on reducing workplace COVID-19 infections, saying new research on the virus can render such guides “stale.”
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OSHA is facing calls from public commenters to adopt a “prevention through design” (PtD) approach for its powered truck safety standard and incorporate several related data-gathering requirements in the rule based on an existing federal program that so far has focused mainly on building safety.
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OSHA is seeking nominees to its Advisory Committee on Construction Safety and Health (ACCSH) as 14 of the panel’s 15 members near the expiration of their two-year terms, opening the possibility that the agency’s current leaders could appoint ACCSH’s new membership ahead of the transition to the Biden administration.
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OSHA is rolling out a new enforcement initiative that will automatically ramp up inspections of employers that fail to pay monetary penalties for past violations, as part of a broader Department of Labor (DOL) push to bolster its debt collection programs.
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OSHA has announced its latest sector-specific partnership program, targeting worker safety conditions at wireless infrastructure like cellular towers in a bid to “eliminate” injuries and fatalities from a host of hazards just as many communications companies are looking to build new infrastructure that supports 5G cellular service.
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Lawmakers have agreed to a short-term COVID-19 recovery package that drops both Republicans’ demand for employer liability waivers and Democrats’ proposed aid to state and local governments, teeing up a potential return to that long-running battle in the early days of President-elect Joe Biden’s term.
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Several employers and national business groups are suing California OSHA (Cal/OSHA) over its recently adopted COVID-19 emergency temporary standard (ETS), claiming in part that a mandate to provide paid leave for sick or exposed workers exceeds the agency’s authority, and that the rulemaking sidestepped key procedural requirements.
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OSHA is updating its Site-Specific Targeting (SST) workplace inspection program to add new criteria for inspecting employers based on increases in days away, restricted or transferred (DART) among their employees, and to allow inspectors to make a case-by-case decision to switch site inspections to records reviews “in limited situations.”
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Worker safety groups say there is no guarantee the Biden administration will drop an upcoming Department of Agriculture (USDA) proposal that would allow poultry slaughterhouses to raise line speeds to what they say are unsafe levels, especially since it is based on a plan first floated by incoming Agriculture Secretary Tom Vilsack.
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California Attorney General Xavier Becerra (D), selected to be President-elect Joe Biden’s health services chief, is petitioning a state court to order Amazon to respond to several subpoenas seeking information about the company’s COVID-19 worker safety protocols and the status of COVID infections at its facilities across the state.
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A bipartisan group of senators that has been seeking to negotiate a compromise COVID-19 relief bill has failed to find common ground on combining funding provisions with employer liability relief and OSHA enforcement, and has split the workplace issues into a separate measure that employee safety advocates strongly oppose.
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The Occupational Safety and Health Review Commission (OSHRC) will hear a case testing the standard of evidence OSHA must meet to prove violations of the OSH Act’s general duty clause, after an administrative law judge (ALJ) rejected an enforcement action over a utility worker’s 2018 death near Jacksonville, FL.
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Employers’ attorneys expect the Biden OSHA to step up a long list of enforcement activities, including conducting more inspections, filing more claims of “egregious” safety violations, seeking higher penalties and invoking the multi-employer doctrine more frequently, alongside a binding COVID-19 standard and other new rules.
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Workers at a Pennsylvania meat-packing plant suing OSHA to force enforcement action over alleged COVID-19 hazards are attacking the agency’s formal decision not to cite the facility, arguing that the Trump administration is ignoring its own guidance to employers and allowing them to impose unsafe working conditions without penalty.
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Virginia is readying a permanent version of its first-in-the-nation COVID-19 emergency temporary standard (ETS) that will apply to a range of infectious diseases rather than only the current pandemic -- potentially providing a model for the Biden OSHA if it follows a similar rulemaking track.
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Amazon workers are appealing a federal district judge’s decision that said courts should defer to OSHA on workplace standards for COVID-19 even when states have their own policies in place that establish broader infection-control mandates for the pandemic, setting up a novel appellate hearing on the subject.
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