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.
September 16, 2026
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.
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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.
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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.
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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.
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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.
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OSHA is touting its use of “letters of interpretation” over the past year as a way “to ensure the consistent and transparent application of federal workplace safety and health standards,” saying the “letters provide clear explanations that support compliance and training requirements, helping to keep America’s workers safe and healthy.”
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The labor union representing correctional officers at a federal prison in Illinois is pointing to OSHA’s recent citation of the facility for its failure to ensure employees are not inadvertently exposed to lethal drugs when opening mail, in order to highlight what it says is a potentially fatal risk at similar facilities nationwide.
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OSHA has extended through Dec. 4 the deadline for employers to respond to citations that were issued right before or during the government shutdown, explaining that shutdown days do not count toward the law’s 15-day period to contest citations.
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