September 16, 2026

Rulemaking

A recent policy memorandum from the White House Office of Information and Regulatory Affairs (OIRA) aimed at speeding deregulatory efforts is likely to also affect the way OSHA approaches new regulations it deems necessary, with the agency prioritizing rules rooted in clear statutory text, one legal expert says.

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A coalition of 14 states led by Pennsylvania and Illinois is outlining a series of legal arguments against OSHA’s proposal to narrow the agency’s interpretation of the General Duty Clause, raising concerns about the increased burden for states while echoing statutory and case law arguments raised by unions and occupational health experts.

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Chemical manufacturers and a conservative foundation are pressing EPA in comments on a proposed renewal of data collection for the TSCA methylene chloride risk management rules to eliminate duplicative and overlapping EPA and OSHA workplace requirements for the chemical as well other cost burdens.

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A conservative regulatory reform group is strongly supporting OSHA’s proposal to narrow its interpretation of the General Duty Clause, saying the change “will restore regulatory clarity, align enforcement with statutory and constitutional limits, reduce burdens on small business, and reinforce respect for professional autonomy and risk management.”

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Labor unions and occupational health experts are urging OSHA to withdraw a proposed rule that would narrow the agency’s interpretation of the General Duty Clause to exclude certain activities from enforcement, saying the proposal violates the agency’s statutory mandate and is based on faulty legal reasoning.

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Worker rights advocates are opposing a trio of related Mine Safety and Health Administration (MSHA) proposals that would narrow district managers’ authority to require additional safety measures at coal mines, arguing MSHA has failed to demonstrate the proposals are necessary and would not harm miners.

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A mining industry group is warning that a “fully functional” National Institute for Occupational Safety and Health (NIOSH) is vital to ensuring the Mine Safety and Health Administration (MSHA) can achieve the goals of its proposal to ease the process for using certain respirators in mines.

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The National Construction Policy Institute (NCPI) is outlining legislative and regulatory changes it says are necessary to create a “fair, predictable, and legally defensible” framework for OSHA’s controversial multi-employer citation policy, arguing the agency’s current approach is “unsustainable.”

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With the Senate’s recent confirmation of David Keeling as the head of OSHA, agency observers are outlining potential regulatory and enforcement changes under the Trump administration, including likely rollbacks of certain reporting requirements and other Biden-era priorities while possibly finalizing some version of a national heat standard.

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Mining industry groups are generally backing the goals of the Mine Safety and Health Administration’s (MSHA) proposal to allow use of electronic surveying equipment in high-hazard areas of underground coal mines under certain circumstances, but are urging some additional clarifications.

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