In a recent decision dated July 21, 2026, the Fifth Circuit (which covers Texas, Louisiana and Mississippi) overturned OSHA’s mental illness reporting rule. OSHA’s rule requires employers to report mental illnesses when a qualified professional finds that the illness is work-related. In doing so, the Court held that the Occupational Safety and Health Act’s reference to “illnesses” only refers to physical and not mental, work-related ailments and conditions.
Read MoreCategory: OSHA
Are Injuries Caused By Personal Activities Recordable Under OSHA?
In a standard interpretation letter dated January 20, 2026, OSHA addressed whether an employee who is injured at work by a fire caused by a personal rechargeable lithium-ion battery (commonly used for e-cigarettes/vapes) is recordable on the OSHA 300 log. The answer in most cases is yes. OSHA explained that the injury is presumed work-related if it occurs in the work environment during assigned working hours and none of the narrow exceptions in the recordkeeping standard apply. The fact that the battery was personal property, used for non-work activities, and used in violation of an employer’s policy does not change this conclusion.
Read MoreA Primer on OSHA Penalties
OSHA penalties normally increase annually on January 15 to account for inflation. These adjustments are designed to ensure that penalties remain aligned with the Consumer Price Index (“CPI”). Currently, the maximum penalties for serious and other-than-serious posting requirements are $16,550 per violation, $16,550 per day for failure to abate violations; and $165,514 for willful or repeat violations. The amounts did not increase in 2026, primarily due to a lapse in appropriations in early October 2025, which disrupted Bureau of Labor Statistics (BLS) operations and prevented the collection and publication of the required CPI data.
What’s the Status of OSHA’s Heat Stress Rule?
The short answer is regulatory limbo. OSHA’s Heat Stress rule, called “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” was part of the Spring 2025 Regulatory Agenda. OSHA also held public hearings in mid-2025 and ended the post-hearing comment period in October of last year. The Agenda did not provide a specific target date for the final rule, thus creating much uncertainty about its future. If it eventually moves forward, it is also likely to contain significant revisions from its current form.
Read MoreOSHA and NY Workplace Violence Update in Health Care
OSHA does not have a specific rule that addresses workplace violence in general industry or health care, although it has long discussed the need for such rules. During the Biden Administration some progress was made to advance a workplace violence rule in health care. However, such a proposed rule, “Workplace Violence in Health Care and Social Assistance,” was moved to the Long-Term Action item in the Spring 2025 regulatory agenda. This effectively means that nothing will happen for at least a year and, given the current deregulatory efforts, likely much longer than that.
Read MoreOSHA Snapshot Updates
Federal Shutdown: As the longest federal shutdown drags onward, OSHA continues to operate on a skeletal staff. With limited exceptions that include the inspection of imminent danger situations, inspection of workplace fatalities, review of whistleblower complaints, and follow up inspections of establishments with high gravity, serious violations, and no abatement, all other non-essential operations have ceased and most of OSHA’s staff have been furloughed. Employers are reminded that the shutdown does not suspend any OSHA related obligations including compliance with safety and health standards and/or contesting citations within 15 working days.
Read More7th Circuit Upholds Criminal Convictions Under OSHA
A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational Safety and Health Act does provide for criminal penalties.
Read MoreQ and A With A Former OSHA Assistant Area Director
Today, OSHA Chronicle (“OC”) sits down with safety and health consultant John Bednarik (“JB”).
OC: Hi John. To start, can you share your safety and health background with our readers?
JB: Of course. Prior to starting my own safety and health consultant company which focuses on safety and accident investigations for OSHA compliance in the workplace, I spent 22 years working for OSHA of which 5 of those were as an Assistant Area Director. During my time with OSHA, I conducted approximately 1000 on-site inspections and supervised about another 1000. Approximately 130 of those investigations were fatality cases. I also have been consulting labor law attorneys with their construction cases. Prior to OSHA I was a tool and die maker, tool room manager, plant manager in machine trades for 30 years which served as a segue into Federal OSHA.
Read MoreNew York Enhances Protections for Retail and Warehouse Workers
As the new Administration has emphasized that federal deregulation is a priority, it is expected that many states will step into the anticipated void left by federal labor agencies such as OSHA. Not surprisingly, New York is one of those states.
Read MoreOSHA Kicks Off New Year With Final PPE Rule In Construction
Happy New Year!
After approximately a decade of discussing a properly fitting PPE Rule in the construction industry, OSHA’s Final Rule becomes effective January 13, 2025. The Final Rule explicitly requires that PPE is selected to ensure that it “property fits” affected employees.