OSHA is asking a three-judge panel of the 8th Circuit to reconsider its landmark ruling that found the Federal Railroad Administration (FRA) preempts OSHA from regulating worker safety around railcars, arguing the preemption issue was not before the court, and even if it was, the judges made several other errors in their ruling.
The Labor Department (DOL) is urging the D.C. Circuit to uphold an OSHA citation against a Louisiana-based oil and gas drilling specialty contractor, arguing an administrative law judge (ALJ) correctly found the company exposed its employees to a hazard when a pipe ruptured at a gas well in south Texas in 2022.
OSHA is urging the 4th Circuit to uphold a lower court’s dismissal of South Carolina’s challenge to the agency’s requirement that states match annual increases to federal minimum and maximum OSH Act penalties, arguing the state missed the deadline to file its suit.
The 6th Circuit in an unpublished opinion has remanded to the Occupational Safety and Health Review Commission (OSHRC) two contested items of an OSHA citation against a paper company after finding an administrative law judge (ALJ) failed to cite adequate evidence to support her conclusions that OSHA correctly issued the citations.
A panel of three 5th Circuit judges appeared skeptical during Jan. 8 oral argument of the Labor Department’s (DOL) position that OSHA properly cited ExxonMobil for violations of reporting requirements when the company failed to record the mental health diagnosis of an employee following a December 2021 explosion and fire.
A recent decision from an Occupational Safety and Health Review Commission administrative law judge (ALJ) that vacated citations against a company operating a marine terminal in North Carolina provides additional clarity on statute of limitations arguments, even though the citations were overturned on other grounds, legal experts say.
OSHA is weighing whether to seek rehearing of an 8th Circuit ruling that found the Federal Railroad Administration (FRA) preempts OSHA from regulating worker safety around railcars, telling the court the decision “raises significant and complex issues concerning the respective responsibility of OSHA” and FRA.
The D.C. Circuit’s recent ruling that presidents can remove at will members of the Merit Systems Protection Board (MSPB) and National Labor Relations Board (NLRB) lays the groundwork for a potential similar ruling regarding the Occupational Safety and Health Review Commission (OSHRC), experts say.
Two recent press releases highlight the Trump OSHA’s focus on publicizing preventable harms to workers, noting citations and fines to companies that repeatedly, and in one case willfully, failed to protect workers, even as some observers expect such releases, viewed by critics as “regulation by shaming,” to become even less common.
A Louisiana-based oil and gas drilling specialty contractor is asking the D.C. Circuit to vacate an OSHA citation stemming from a 2022 accident where a pipe ruptured at a gas well in South Texas, arguing that an accident, by itself, is not enough to establish a violation of the General Duty Clause.