Compliance Stuff

Today’s constitutional challenges to the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) converge on three fronts: Article II of the U.S. Constitution for-cause removal protections for administrative officials, the nondelegation doctrine, and Article III/Seventh Amendment adjudication constraints. The Supreme Court of the United States has not overruled  Humphrey’s Executor v. United States  (examined in  Part I of our series ), but decisions such as  Free Enterprise Fund v. Public Company Accounting Oversight Board  and  Seila Law v. Consumer Financial Protection Bureau  treat it as a narrow exception, signaling that agencies must closely resemble the Federal Trade Commission (FTC) in design and function to retain for-cause removal protections. For OSHRC, that means its multimember, adjudicatory character remains relevant but not determinative; any exercise of substantial executive...

The Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) emerged from the Occupational Safety and Health Act of 1970 to address widespread concerns about workplace safety. The statute reflects a deliberate structural choice: OSHA operates within the U.S. Department of Labor (DOL) as an executive enforcement and rulemaking agency, while OSHRC functions as an independent, adjudicatory commission to ensure impartial review of OSHA citations. From inception, this bifurcated design raised separation-of-powers questions central to administrative law: how far the U.S. Congress may insulate adjudicators from presidential influence, the extent to which it may delegate policymaking discretion to the executive, and the constitutional limits governing agency adjudication and the right to a jury trial. Quick Hits Humphrey’s Executor v. United States , decided in 1935, has long supported the independence of agencies like OSHRC. Recent...

A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share certain commonalities, such as a worksite, corporate policies, management, or ownership. The 11th U.S. Circuit Court of Appeals’ decision last month serves as an important reminder for companies that use similar business models, which are especially prevalent in the healthcare industry . We’ll explain what happened in the Florida case and give you four steps to help avoid single-employer liability across multiple businesses. What Happened? The 11th Circuit  ruled on June 18  that a F lorida psychiatric hospital and a hospital management company operated as a single employer for liability purposes under the Occupational Safety and Health (OSH) Act. This “single employer” determination allows the Occupational Safety and Health Administration (OSHA) to cit...

  April marks Workplace Violence Awareness Month, a time dedicated to emphasizing the risks of workplace violence and necessary steps for prevention . This month serves as a crucial opportunity for employers to reassess their workplace violence policies, ensure compliance with evolving laws and regulations, and minimize liability. All employers should be mindful of the Occupational Safety and Health Act’s (“OSH Act”) General Duty Clause. The OSH Act generally requires that employers implement sufficient safeguards to protect the health and safety of employees from recognized workplace hazards. The General Duty Clause requires that employers identify and assess safety risks, including those related to workplace violence, and implement proactive measures to prevent accidents and injuries. Failure to meet these obligations can result in legal consequences and citations issued by the Occupational Safety and Health Administration (“OSHA”). Recently, an Administrative Law Judge (“ALJ”...

  “The Times They Are a-Changin’” isn’t just a Bob Dylan song title—it is also a fairly accurate description of what has been happening in the arena of the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) since early 2023. Quick Hits OSHRC, an independent federal agency that resolves disputes between employers and OSHA, has lacked a quorum on its three-person panel since April 2023 , leaving pending cases unresolved. The current term of the Review Commission’s only member expires on April 27, 2025. The Supreme Court’s  Loper Bright Enterprises v. Raimondo  and  SEC v. Jarkesy  decisions regarding administrative agencies’ s tatutory interpretations and adjudication processes may impact OSHA enforcement and OSHRC adjudicative procedures. The Office of the Solicitor General recently announced that it would no longer defend certain protections for administrative law judges . This position could cre...