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The 6th Circuit in an unpublished opinion has remanded to the Occupational Safety and Health Review Commission (OSHRC) two contested items of an OSHA citation against a paper company after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 landmark agreement between labor unions and a paint manufacturer over Biden-era TSCA worker protection requirements for using trichloroethylene (TCE) is facing a potential challenge from EPA, which is pressing an appellate court to give it a chance to oppose the deal, which the agency says would require the court to set a new standard.
A court-appointed amicus curiae is urging the D.C. Circuit to reject the Labor Department’s (DOL) efforts to reverse several decisions from the Federal Mine Safety and Health Review Commission (FMSHRC) that spurned the DOL secretary’s changes to health and safety citations in enforcement settlements with mining companies.
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.
A federal district court judge is ordering the Department of Health and Human Services (HHS) to produce within 10 days an administrative record explaining its decision earlier this year to essentially shut down a key federal workplace-safety agency, saying HHS has to date produced nothing that explains its actions.
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.
A three-judge panel of the 6th Circuit during Dec. 11 oral argument grappled with how to resolve a paper company’s challenge to OSHA enforcement citations where there are apparent deficiencies with the administrative law judge (ALJ) decision on appeal but potential limits on how the court can address them.