Enforcement

A Texas oil field equipment supplier has dropped without comment its legal challenge to the constitutionality of the Occupational Safety and Health Review Commission (OSHRC), which it originally filed after receiving OSHA citations related to the death of a subcontractor’s employee.

The Labor Department (DOL) is not making any adjustments to civil money penalties in 2026 -- including for OSHA and the Mine Safety and Health Administration (MSHA) -- because the lapse in federal funding last fall prevented the Bureau of Labor Statistics (BLS) from producing the data necessary for any such adjustments.

A three-judge panel of the 4th Circuit appeared highly skeptical at recent oral argument of South Carolina’s effort to reinstate litigation challenging OSHA’s authority to require states to match annual increases to federal OSH Act penalties, questioning in part whether the state is making new arguments on appeal.

OSHA is announcing changes to the division of enforcement of workplace safety and health between the federal government and Maryland and Puerto Rico, clarifying that OSHA will cover certain private-sector employment in Maryland and reinstating federal coverage of similar private-sector employment in Puerto Rico.

OSHA’s renewed and revised National Emphasis Program (NEP) for heat hazards is drawing mixed reviews from experts, with employer-focused attorneys noting inspectors will still be able to expand investigations to address heat concerns and worker advocates decrying the lack of numeric inspection targets and other changes.

OSHA has issued a revised version of its National Emphasis Program (NEP) for heat-related hazards after allowing a Biden-era version of the NEP to lapse, cutting the overall number of industries targeted by the program and removing a mandate to increase inspections.

OSHA has allowed the Biden-era heat National Emphasis Program (NEP) to expire even as it remains unclear when or if the agency will finalize a national heat illness and injury standard, although legal experts note that even without the NEP, OSHA could still take enforcement action under the General Duty Clause.

The D.C. Circuit has dismissed the Labor Department’s (DOL) attempt to preserve broad authority over enforcement of mine safety standards, finding it lacks jurisdiction to hear a pair of consolidated cases on the issue because the Federal Mine Safety and Health Review Commission (FMSHRC) has not yet issued final decisions.

D.C. Circuit judges focused their questions at March 30 oral argument on case-specific issues in an oil and gas drilling specialty contractor’s challenge to an OSHA citation stemming from a 2022 accident where a pipe ruptured at a gas well in south Texas, rather than engage with the firm’s broader challenge to the General Duty Clause.

The Department of Justice (DOJ) has issued its first-ever corporate disclosure policy encouraging criminal violators to come forward and win “rewards” for self-disclosing wrongdoing, a shift that better aligns with the Trump administration’s broader compliance stance at OSHA and other agencies, industry attorneys say.