Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Frank Davis
5th Circuit May Have Opened Door to New Challenges to OSHA’s Incident-Reporting Rules
Quick Hits In a July 2026 opinion, the Fifth Circuit vacated OSHA’s mental-illness recording rule, and the citation and penalty issued under it, after concluding that the OSH Act did not authorize the rule. The court’s analysis appears to have opened the door to challenging the statutory basis underpinning OSHA’s reporting rules. OSHA’s reporting rule remains in effect until a court invalidates or OSHA changes it.
State Laws Curb No-Gun Policies for Employers’ Parking Lots
An increasing number of states are stopping employers from enforcing restrictions on employees keeping guns inside cars in employer parking lots. A growing number of states have passed laws allowing citizens to have guns in locked cars in employer parking lots and preventing employers from firing or disciplining employees who do so. Private businesses, such as shops, movie theaters, and gyms, may post signs indicating guns are not allowed inside.
State Laws Curb No-Gun Policies for Employers’ Parking Lots
Quick Hits A growing number of states have passed laws allowing citizens to have guns in locked cars in employer parking lots and preventing employers from firing or disciplining employees who do so. Private businesses, such as shops, movie theaters, and gyms, may post signs indicating guns are not allowed inside.
OSHA’s Nondelegation Challenge: Stakes and Arguments
Quick Hits Two Texas produce associations filed suit against OSHA, challenging the constitutionality of its general safety standards. The plaintiffs argue that OSHA’s broad mandate lacks the necessary intelligible principle required by the U.S. Constitution. The lawsuit seeks to invalidate OSHA’s general safety regulations, potentially impacting federal workplace safety enforcement.
Safety Perspectives From The Dallas Region: From Chevron To Jarkesy-The Supreme Court's Shadow On Safety Law (Podcast)
Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Consumer Protection topic(s) In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the recent Fifth Circuit decision that found the dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board unconstitutional, and its implications for the Occupational Safety and Health Review...
Safety Perspectives From the Dallas Region: From Chevron to Jarkesy-The Supreme Court’s Shadow on Safety Law
October 9, 2025 By Frank D. Davis and John D. Surma In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the recent Fifth Circuit decision that found the dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board unconstitutional, and its implications for the Occupational Safety and Health Review Commission (OSHRC).
Safety Perspectives From The Dallas Region: Anatomy Of An OSHA Whistleblower Investigation, Part 2 (Podcast)
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) conclude their discussion with former federal whistleblower investigator Jeff Cedar. They delve into the Occupational Safety and Health Administration's (OSHA) whistleblower process, focusing on the importance of credible evidence in determining whether a complaint is actionable.
Safety Perspectives From the Dallas Region: Anatomy of an OSHA Whistleblower Investigation, Part 2
August 7, 2025 By Frank D. Davis and John D. Surma In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) conclude their discussion with former federal whistleblower investigator Jeff Cedar. They delve into the Occupational Safety and Health Administration’s (OSHA) whistleblower process, focusing on the importance of credible evidence in determining whether a complaint is actionable.
OSH Law Primer Part XV: Imminent Danger Inspections
This is the fifteenth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the reader should be conversant in the subjects covered and have developed a deeper understanding of how the OSH Act and OSHA work.
Safety Basics XV: Imminent Danger-OSHA's Immediate Response Procedures (Podcast)
In this episode of Ogletree Deakins' Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Frank Davis (shareholder, Dallas) to discuss OSHA's imminent danger inspections. Frank and John explain what constitutes an imminent danger, the common scenarios that trigger these inspections, and the procedural steps involved.
Safety Basics XV: Imminent Danger-OSHA’s Immediate Response Procedures
July 2, 2025 By Frank D. Davis and John D. Surma In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Frank Davis (shareholder, Dallas) to discuss OSHA’s imminent danger inspections. Frank and John explain what constitutes an imminent danger, the common scenarios that trigger these inspections, and the procedural steps involved.
Safety Perspectives From The Dallas Region: Challenging OSHA's Judicial Process (Podcast)
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss pending litigation regarding the constitutionality of the Occupational Safety and Health Review Commission (OSHRC) administrative law judges (ALJs). Frank and John review the arguments supporting the claim that the current system for handling workplace safety disputes is unconstitutional.
Safety Perspectives From The Dallas Region: OSHA's Evolving Investigation Tactics And Communications (Podcast)
In this episode of our Safety Perspectives From the Dallas Region series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of OSHA's Rapid Response Investigation (RRI) letters and the emerging trend of OSHA's use of email questionnaires that the agency doesn't treat like an RRI letters.
Safety Perspectives From the Dallas Region: OSHA’s Evolving Investigation Tactics and Communications
April 22, 2025 By Frank D. Davis and John D. Surma In this episode of our Safety Perspectives From the Dallas Region series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of OSHA’s Rapid Response Investigation (RRI) letters and the emerging trend of OSHA’s use of email questionnaires that the agency doesn’t treat like an RRI letters.
Safety Basics XI: OSHA Citations-From Costs To Compliance (Podcast)
In this installment of Ogletree Deakins' Safety Basics podcast series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of handling Occupational Safety and Health Administration (OSHA) citations. Frank and John discuss the stakes involved with OSHA citations, explore the potential hidden costs that extend beyond just the fines, and outline the key steps employers should consider when they receive a citation.
Safety Basics XI: OSHA Citations-From Costs to Compliance
April 9, 2025 By Frank D. Davis and John D. Surma In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of handling Occupational Safety and Health Administration (OSHA) citations. Frank and John discuss the stakes involved with OSHA citations, explore the potential hidden costs that extend beyond just the fines, and outline the key steps employers should consider when they receive a citation.
Safety Perspectives From the Dallas Region: Understanding the New Two-Step OSHA Settlement Process
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the new settlement process implemented by the Dallas Regional Office of the Occupational Safety and Health Administration (OSHA) and the Dallas Regional Solicitor’s Office. John and Frank emphasize that this process now includes a second round of negotiations following the contesting of citations.
OSH Law Primer, Part XI (Continued): Understanding and Contesting OSHA Citations - The Whys and Hows | JD Supra
This is a continuation of the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the reader should be conversant in the subjects covered and have developed a deeper understanding of how the OSH Act and OSHA work.
OSH Law Primer, Part XI: Understanding and Contesting OSHA Citations: An Overview | JD Supra
This is the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the reader should be conversant in the subjects covered and have developed a deeper understanding of how the OSH Act and OSHA work.
OSH Law Primer, Part XI: Understanding and Contesting OSHA Citations: An Overview
By the time this series is complete, the reader should be conversant in the subjects covered and have developed a deeper understanding of how the OSH Act and OSHA work. The series is not—not can it be, of course—a comprehensive study of the OSH Act or OSHA capable of equipping the reader to address every issue that might arise.
OSH Law Primer, Part XI: Understanding and Contesting OSHA Citations: An Overview
The first article in this series provided a general overview of the OSH Act and OSHA; the second article examined OSHA’s rulemaking process; the third article reviewed an employer’s duty to comply with standards; the fourth article discussed the general duty clause; the fifth article addressed OSHA’s recordkeeping requirements; the sixth article covered employees’ and employers’ respective rights; the seventh article addressed whistleblower issues; the eighth article covered the intersection...
OSHA's Proposed Emergency Response Standard: A Closer Look And An Analysis For Covered Employers
The Occupational Safety and Health Administration's (OSHA) proposed Emergency Response Standard is expected to have a significant impact on emergency service organizations (ESOs) and workplace emergency response employers (WEREs) or workplace emergency response teams (WERTs). OSHA's proposed Emergency Response Standard—an overhaul of the decades-old Fire Brigades Standard—would apply to firefighting, emergency medical services, and technical search and rescue.
OSH Law Primer, Part II: Creating Standards And Regulations
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the reader should be conversant in the subjects covered and have developed a deeper understanding of how the OSH Act and OSHA work.
OSH Law Primer, Part II: Creating Standards and Regulations
This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence workplaces in the United States. By the time this series is complete, the reader should be conversant in the subjects covered and have developed a deeper understanding of how the OSH Act and OSHA work.
OSH Law Primer, Part II: Creating Standards and Regulations
Our first article in the series introduced the occupational safety and health framework established by the OSH Act, which applies to all private-sector employment. In this, the second article in the series, we examine the process of OSHA rulemaking. Quick Hits OSHA standards set forth conditions or practices employers must adopt to ensure safe and healthy workplaces. OSHA regulations are designed to address other administrative purposes, such as recordkeeping requirements and inspection protocols.
Turning Up The Heat On OSHA's Winter Weather Guidelines
In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress illnesses and injuries, such as hypothermia and frostbite, to motor vehicle accidents and fall injuries due to snow and ice.
Turning Up the Heat on OSHA’s Winter Weather Guidelines | JD Supra
In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress illnesses and injuries, such as hypothermia and frostbite, to motor vehicle accidents and fall injuries due to snow and ice.
Turning Up the Heat on OSHA’s Winter Weather Guidelines
Quick Hits OSHA does not have a standard specific to winter weather, but its mantra when it comes to protecting employees from the hazards of cold weather conditions is “Plan. Equip. Train.” OSHA provides several publications that employers may use when preparing for cold weather.
Safety Perspectives From Region 6: Crane Operator Certification Fraud And Its Impact On Employers (Podcast)
In this episode of our Safety Perspectives From Region 6 podcast, Frank Davis and John Surma discuss their recent case involving the operation of a crane by an operator allegedly part of a crane credentialing fraud scheme. John and Frank discuss the impact that the related issues may have on employers in industry sectors where cranes are used and the Occupational Safety and Health (OSH) Act compliance implications relative to confirming the certifications and qualifications of employees.
Safety Perspectives From Region 6: Fatality And Catastrophe Investigations, Part III—Crisis Management And Disaster Preparedness Plans (Podcast) - Health & Safety - United States
This episode of our Safety Perspectives From Region 6 podcast is the final installment of a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma, both of whom are members of Ogletree's Workplace Safety and Health Practice Group, wrap up the series with a discussion of the importance of having a crisis management or disaster preparedness plan in place.
Safety Perspectives From Region 6: Fatality And Catastrophe Investigations, Part II—Reports, Privilege, And Witness Statements - Health & Safety - United States
This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). John Surma and Frank Davis explore issues related to attorney-client and work product privilege in the aftermath of a workplace accident, in addition to best practices on written reports and witness statements produced regarding worksite accidents.
Dirty Steel-Toe Boots, Episode 19: The Worker Walkaround Representative Designation Process (Podcast)
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration's (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization.
Dirty Steel-Toe Boots, Episode 19: The Worker Walkaround Representative Designation Process (Podcast)
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization.
Perspectives From Region 6—Fatality And Catastrophe Investigations, Part I, Preserving And Documenting The Scene (Podcast) - Health & Safety - United States
This episode of the Safety Perspectives From Region 6 podcast is the first in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration. Frank Davis and John Surma discuss the range of employer considerations regarding preserving and documenting the scene of fatalities and catastrophic events at a worksite.
Safety Perspectives From Region 6: National, Regional, And Local Emphasis Programs (Podcast)
In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the Occupational Safety and Health Administration's (OSHA) national emphasis programs (NEPs), as well as regional and local emphasis programs, which focus OSHA and state-plan resources on particular hazards and high-hazard industries.
Safety Perspectives From Region 6: OSHA's Hurricane EMatrix—Preparation, Recovery, And Compliance (Podcast) - Health & Safety - United States
In this podcast, Frank Davis and John Surma discuss the Occupational Safety and Health Administration's (OSHA) recently issued "Hurricane eMatrix," a hazard and risk assessment tool that contains guidance for preparing and engaging in response efforts associated with hurricanes that make landfall. Frank and John review the e-Matrix's hazard-specific recommendations, heat illness guidance, and training expectations for employees working in hurricane recovery.
OSHA Recordkeeping Requirements: The Criteria For Recording And Reporting Work-Related Injuries And Illnesses (Podcast)
In this podcast, Frank Davis and John Surma discuss the recordkeeping requirements under the federal Occupational Safety and Health (OSH) Act, including the difference between what is recordable and reportable. Frank and John also review the criteria for recordability and explain the recording criteria, including what constitutes medical treatment, days away from work, restricted work, and the timing of reporting.
OSHA Recordkeeping Requirements: The Criteria for Recording and Reporting Work-Related Injuries and Illnesses (Podcast)
In this podcast, Frank Davis and John Surma discuss the recordkeeping requirements under the federal Occupational Safety and Health (OSH) Act, including the difference between what is recordable and reportable. Frank and John also review the criteria for recordability and explain the recording criteria, including what constitutes medical treatment, days away from work, restricted work, and the timing of reporting.
Drug-Testing Limits And OSHA Protocols In Region 6 (Podcast)
In this podcast, Frank Davis and John Surma, members of Ogletree Deakins' Workplace Safety and Health Practice Group, discuss limitations on and best practices for employee drug testing policies throughout the Occupational Safety and Health Administration's (OSHA) Region 6. Frank and John offer insights related to the timing of drug testing, including in post-accident situations.
Drug-Testing Limits and OSHA Protocols in Region 6 (Podcast)
In this podcast, Frank Davis and John Surma, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, discuss limitations on and best practices for employee drug testing policies throughout the Occupational Safety and Health Administration’s (OSHA) Region 6. Frank and John offer insights related to the timing of drug testing, including in post-accident situations.
Wildfire Smoke And What OSHA Wants Employers To Know (Podcast)
In this podcast, shareholders John Surma and Frank Davis cover the workplace safety implications of the current Canadian wildfires and the resulting wildfire smoke that is entering air spaces in the United States. Frank and John discuss how the Occupational Safety and Health Administration (OSHA) approaches wildfires, wildfire smoke, and the corresponding obligation employers have to their employees relative to each.
An Insider's Perspective On Workplace Safety: Developing Industry Standards And The Benefits Of Collaboration (Podcast)
In this podcast, John Surma and Frank Davis, members of Ogletree Deakins' Workplace Safety and Health Practice Group are joined by Tom Baldwin, Vice President of Safety for Global Medical Response/American Medical Response (GMR/AMR), which provides emergency medical services and patient relocation services in the United States. Tom shares details of his professional path, including his role in developing industry safety standards.
OSHA Inspections: Opening Conference and Scope of Inspection (Podcast)
In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the basis for and scope of inspections by the Occupational Safety and Health Administration (OSHA). John and Frank discuss circumstances that may trigger an inspection, what to expect at an opening conference, and an employer’s right to limit the inspection.
OSHA Inspections, Whistleblower Complaints, and Rapid Response Investigations: Considerations for Employers (Podcast)
In this podcast, John Surma and Frank Davis (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the keys to being successful in terms of managing an Occupational Safety and Health Administration (OSHA) inspection.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Frank
Contact Frank, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack