The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent of the Senate. OSHRC’s only remaining Commissioner, Cynthia Attwood’s term expired April 27 and she has announced her retirement. With her retirement, OSHRC is without a single Commissioner for the first time since the early 1990s when it was without any Commissioners for two months.
President Trump has nominated Deputy Solicitor of Labor Jonathan Snarer to serve on OSHRC but as of yet, there is no date set for his senate confirmation hearing. Thus, OSHRC will continue to operate without a quorum for the indefinite future and appeals will continue to be backlogged. Employers may need to consider this when litigating before OSHRC as anticipated delays in the appeals process may affect certain strategic considerations.
OSHA also recently confirmed that a virtual meeting will be held on the proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Setting rule on June 16, 2025. That date was initially set by the prior administration but OSHA will move forward with it. Stakeholders wishing to participate need to register on or before May 2, 2025 using the online form linked below.
https://www.osha.gov/heat-exposure/rulemaking
Although OSHA is proceeding with the June public hearing, there remains significant doubt on whether we will see a final rule under the current administration, and if so, it is unlikely to be published as it is currently written.
Notwithstanding this fact, employers need to be mindful of OSHA’s heat stress guidance as we head into the summer months and need to pay attention to state and local heat stress legislative efforts.