September 16, 2026

Enforcement

The 5th Circuit has rejected arguments from a poultry company that OSHA erred in issuing citations for machine-guarding and safety signage violations, finding no reason to set aside an administrative law judge’s determinations that the citations were in order.

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The Labor Department (DOL) is touting new and expanded programs aimed at helping employers improve their compliance with federal health and safety laws, saying these self-audit programs aim to enhance worker protections while reducing the likelihood of formal investigations or litigation.

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Attorneys are urging employers to closely examine the state of machine guarding in their facilities and thoroughly evaluate their lockout/tagout (LOTO) programs ahead of any potential OSHA inspection under a renewed emphasis program focused on preventing amputations in manufacturing workplaces.

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The Labor Department (DOL) is urging a federal district court to dismiss a New Jersey steel company’s lawsuit raising a series of constitutional and statutory claims against the Occupational Safety and Health Review Commission (OSHRC), arguing none have merit.

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OSHA’s announcement of significant changes to its enforcement policy that expand the scope of employers eligible for penalty reductions is drawing mixed reactions, with employer attorneys noting it is one of the most employer-friendly shifts in recent years while labor advocates are warning of more injuries, illnesses and deaths.

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ExxonMobil Corp. is urging a federal appeals court to overturn an OSHA enforcement action related to improper recordkeeping for failing to properly log work-related mental illnesses, arguing the action was arbitrary, contravened due process and exceeded the limits of OSHA’s statutory authority.

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A coalition of environmental groups is urging OSHA and EPA to penalize four dispersant manufacturers for not accurately reporting the detrimental harms their products can have on workers, the public and the environment in their safety data sheets as part of right-to-know laws.

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OSHA is proposing to eliminate dozens of regulatory requirements that it says are outdated, duplicative or improperly inflexible, including changing its interpretation of the General Duty Clause to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance.

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The Trump administration’s plan to slash funding for OSHA and other federal agencies tasked with worker protection is drawing concerns from Democratic lawmakers, who have questioned how less money can lead to better outcomes, and worker advocates who argue the cuts are threats to all workers.

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Legal experts are warning that a recent 7th Circuit decision upholding criminal convictions of two grain mill supervisors that stemmed from falsifying health and safety records illustrates the significant risks of failing to comply with OSHA requirements, though the Trump administration is seeking to limit such enforcement.

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