September 16, 2026

Enforcement

OSHA is launching a new enforcement “emphasis” program to tackle COVID-19 workplace exposures, bolstered with $100 million in funding for the agency through the newly enacted stimulus law that will in part assist the enforcement effort, amid suggestions that OSHA might delay an emergency safety rule for the virus.

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The Occupational Safety and Health Review Commission (OSHRC) has overturned a 2018 OSHA citation to a construction firm for falling hazards at a subcontractor’s worksite, holding that while the agency proved the company was a controlling employer at the site there was scant evidence that it was aware of the subcontractor’s violation.

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OSHA identified more violations of fall-protection standards than of any other safety regulations in its fiscal year 2020 enforcement actions, according to preliminary figures from deputy agency enforcement chief Patrick Kapust, with the respiratory protection standard being the only pandemic-related policy in the “top 10” for citations.

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A Department of Labor Office of Inspector General (OIG) report faulting OSHA for reducing workplace inspections during the COVID-19 pandemic highlights the need for the agency to swiftly develop an emergency temporary standard (ETS) to control the spread of the virus among employees, according to a top House Democrat.

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A California state senator is advancing legislation to bolster California OSHA (Cal/OSHA) enforcement measures to protect workers from COVID-19, provide new tools to hold large employers accountable for workplace health and safety violations, and encourage workers to report unsafe working conditions while preventing employer retaliation.

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House Democrats are pushing new legislation to reverse the landmark 2012 court ruling that imposed a strict six-month limit on OSHA’s enforcement of recordkeeping and reporting mandates, following release of a new Government Accountability Office (GAO) report that blames the decision for a dramatic enforcement drop.

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Amazon is suing New York’s state government to block an enforcement action over COVID-19 exposures at one of its warehouses -- claiming the action is preempted by the OSH Act and further escalating a legal battle over whether states can enforce their pandemic protections in workplaces that OSHA regulates.

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The National Council for Occupational Safety and Health (COSH) is outlining an ambitious agenda for the Biden OSHA, including strict COVID-19 workplace standards and increased enforcement, but also a long-term effort to “rebuild” the agency by raising staff levels and reforming the process for crafting new safety standards.

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The Government Accountability Office (GAO) is calling for OSHA to tighten its response to COVID-19, especially its oversight and tracking of regional enforcement actions related to the pandemic -- recommendations Trump-era officials rejected but which the agency could revisit under the Biden administration.

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California Attorney General (AG) Xavier Becerra (D) is launching a new section within his division of public rights that will in part bolster enforcement of worker health and safety rules, including of the controversial new Cal/OSHA emergency temporary standard (ETS) to protect workers from COVID-19.

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