John Surma
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Articles by John Surma
Labor & Employment Law Daily Wrap Up , EXPERT INSIGHTS—New OSHA opioid overdose response guidance urges training, use of reversal medications: What your business needs to know , (Oct 6, 2026)
Law Firms Mentioned:Fisher Phillips Organizations Mentioned:Fisher & Phillips By John D. Surma and Travis W. Vance of Fisher Phillips, LLP OSHA’s new fact sheet is a useful reminder that workplace emergency plans should be equipped to address an opioid overdose. With opioid overdoses becoming a more commonplace issue in the workplace, OSHA just produced some new guidance for emplo ... By John D. Surma and Travis W.
Cal/OSHA’s Proposed Workplace Violence Rule: What California Employers Should Do Now
With Cal/OSHA facing a New Year’s deadline to finalize comprehensive workplace violence prevention rules for all businesses operating in the Golden State, California employers should start preparing now. While businesses operating in California already have obligations to maintain a workplace violence prevention plan and related training, Cal/OSHA has nearly finalized a rule that would set up a detailed regulatory framework for employers to prevent violent incidents occurring on their jobsites.
Workplace Violence Rules For Healthcare Being Developed By Oregon OSHA: What Health Care Employers Should Do Now
Hospitals, home health agencies, and other healthcare employers in Oregon will soon have to take steps to protect their staff from workplace violence under proposed rules pending before the state’s safety agency. While the rules haven’t yet been finalized, it’s expected to create a more structured approach to preventing, documenting, and responding to violence in health care workplaces.
DC Circuit Upholds EPA’s Forever Chemicals Superfund Designation: 5 Steps for Safety Professionals to Take Now
PFOA and PFOS – two widely known PFAS chemicals – will remain for now as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known as Superfund. Earlier this month, the US Court of Appeals for the DC Circuit denied industry challenges to a 2024 EPA rule designating those chemicals as such under CERCLA, meaning businesses will continue to face reporting obligations and potential liability for PFOA and PFOS releases from their operations.
OSHA Renews Focus on Warehousing and Distribution Center Safety: 4 Compliance Priorities for Employers
Warehousing and distribution center employers will need to emphasize safety compliance at their workplaces thanks to a renewed federal directive that will see OSHA focus on these industries for at least the next five years. OSHA just renewed its National Emphasis Program (NEP) as July 31, extending coverage from the original start date in 2023 through at least 2031.
Labor & Employment Law Daily Wrap Up , EXPERT INSIGHTS—Federal appeals court strikes down OSHA’s workplace mental illness recordkeeping rule: 7 steps for employers , (Aug 4, 2026)
The court examined Section 8(c)(2) of the Occupational Safety and Health Act, which authorizes OSHA to require employers to maintain records of work-related “deaths, injuries and illnesses.”
Federal Appeals Court Strikes Down OSHA’s Workplace Mental Illness Recordkeeping Rule: 7 Steps For Employers
A recent federal appeals court decision knocked down an agency rule requiring employers to record certain work-related mental illnesses on their OSHA 300 Logs. The 5th Circuit’s July 21 opinion in Exxon Mobil v. OSHA concluded that the agency exceeded the authority Congress granted under the Occupational Safety and Health Act when it passed this regulation.
EPA Proposes to Loosen NSR “Begin Actual Construction” Limits: What It Could Mean for Data Centers and Other Capital Projects
A new proposal from the US Environmental Protection Agency (EPA) would allow construction projects to conduct more site work before the New Source Review (NSR) permitting process, a change that could speed up large construction projects, especially data centers. EPA rolled out a proposed rule on May 11 that would revise the NSR permitting regulations for new construction under the Clean Air Act to narrow what counts as prohibited pre-permit construction activity.
Did Your Company Miss the March 2 OSHA Electronic Recordkeeping Deadline? Here’s Your 6-Step Recovery Plan
If your company was supposed to submit injury and illness data to OSHA’s Injury Tracking Application (ITA) by March 2 but didn’t, you’re not alone. We’re getting reports on an almost-daily basis from employers who are just now realizing that they missed this key deadline. The good news is that you can set things straight and fix the situation, but you need to act quickly. Here’s a practical breakdown of your exposure and your best six-step path forward.
D.C. Circuit Decision Holding That MSPB Members Are Subject to At-Will Removal May Impact OSHRC | JD Supra
The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump, holding that members of the Merit Systems Protection Board (MSPB) and National Labor Relations Board (NLRB) are not insulated by statutory for-cause removal protections, marks a significant turning point in modern federal jurisprudence under Article II of the United States Constitution.
OSHA’s Seven Letters of Interpretation in December 2025: Coal or Candy for Employers?
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued seven letters of interpretation the week of December 8, 2025, as part of the Trump administration’s renewed opinion-letter program. While interpretation letters do not create new obligations, they illuminate how OSHA reads and enforces existing standards in real-world scenarios. For employers, these letters can be the difference between a defensible compliance approach and one that invites citations.
D.C. Circuit Decision Holding That MSPB Members Are Subject to At-Will Removal May Impact OSHRC
The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump, holding that members of the Merit Systems Protection Board (MSPB) and National Labor Relations Board (NLRB) are not insulated by statutory for-cause removal protections, marks a significant turning point in modern federal jurisprudence under Article II of the United States Constitution.
OSHA’s Nondelegation Challenge: Stakes and Arguments
On December 3, 2025, the Texas International Produce Association and the Texas Vegetable Association filed suit in the U.S. District Court for the Northern District of Texas, Amarillo Division, seeking declaratory and injunctive relief against the Occupational Safety and Health Administration (OSHA), the U.S. Department of Labor (DOL), Secretary of Labor Lori Chavez-DeRemer, and assistant secretary of labor for OSHA, David Keeling. Filed at the same time was a motion for summary judgment.
D.C. Circuit Limits MSPB For-Cause Protections
The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump, holding that members of the Merit Systems Protection Board (MSPB) and National Labor Relations Board (NLRB) are not insulated by statutory for-cause removal protections, marks a significant turning point in modern federal jurisprudence under Article II of the United States Constitution.
December's Seven Letters of Interpretation from OSHA
Quick Hits Consistency and transparency in enforcement are central themes in a batch of seven interpretation letters recently issued by OSHA. The letters collectively address recurring questions in construction, general industry, and recordkeeping. The letters reflect OSHA’s current enforcement posture: clearer guidance, and insistence on fundamental obligations.
OSHA’s Nondelegation Challenge: Stakes and Arguments | JD Supra
On December 3, 2025, the Texas International Produce Association and the Texas Vegetable Association filed suit in the U.S. District Court for the Northern District of Texas, Amarillo Division, seeking declaratory and injunctive relief against the Occupational Safety and Health Administration (OSHA), the U.S. Department of Labor (DOL), Secretary of Labor Lori Chavez-DeRemer, and assistant secretary of labor for OSHA, David Keeling. Filed at the same time was a motion for summary judgment.
OSHA Recordkeeping and Reporting Guidance for Employers, Part III: Reporting Fatalities, In-Patient Hospitalizations, Amputations, and the Loss of an Eye | Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - JDSupra
This three-part series on OSHA recordkeeping and reporting provides tips for employers on maintaining compliance with Occupational Safety and Health Administration (OSHA) requirements. Part I covered the foundational aspects of determining recordability, including the use of OSHA Forms 300, 301, and 300A, and the criteria for recording work-related injuries and illnesses. Part II offered a step-by-step walkthrough for completing these forms accurately.
Reporting and Recordkeeping Guidance for Employers from OSHA
Part I covered the foundational aspects of determining recordability, including the use of OSHA Forms 300, 301, and 300A, and the criteria for recording work-related injuries and illnesses. Part II offered a step-by-step walkthrough for completing these forms accurately.
OSHA Recordkeeping and Reporting Guidance for Employers, Part III: Reporting Fatalities, In‑Patient Hospitalizations, Amputations, and the Loss of an Eye
The federal Occupational Safety and Health Administration (OSHA) requires employers to report any work‑related fatality within eight hours of learning of the death and to report any in‑patient hospitalization, amputation, or loss of an eye within twenty‑four hours of learning of the outcome.
OSHA Recordkeeping And Reporting Guidance For Employers, Part II: Completing OSHA Forms 301, 300, And 300A
This three-part series on OSHA recordkeeping and reporting provides tips for employers on maintaining compliance with Occupational Safety and Health Administration (OSHA) requirements. Part I covered the foundational aspects of determining recordability, including the use of OSHA Forms 300, 301, and 300A, and the criteria for recording work-related injuries and illnesses. Part II, which follows below, offers a step-by-step walkthrough for completing these forms accurately.
OSHA's 2024 ITA Data: What The Latest Injury And Illness Filings Reveal
Quick Hits OSHA's 2024 Injury Tracking Application (ITA) cycle expanded electronic reporting, providing richer case-level detail for large establishments in high-hazard industries, enhancing OSHA's ability to target inspections and enforcement. Healthcare, transportation/warehousing, manufacturing, and retail trade continued to report the highest volumes of recordable cases, with construction also showing high rates of severe outcomes.
OSHA’s 2024 ITA Data: What the Latest Injury and Illness Filings Reveal | JD Supra
The 2024 Injury Tracking Application (ITA) cycle marked a pivotal year for Occupational Safety and Health Administration (OSHA) recordkeeping and analytics. With expanded electronic reporting now yielding richer case-level detail for many large establishments in high-hazard industries, the public ITA data offers a sharper view of where incidents cluster, what types of cases are driving days away or restrictions, and how enforcement is being targeted.
What OSHA's 2024 ITA Data for Injury and Illness Filings Reveal
This data, only recently released, highlights the criticality of employers accurately documenting workplace injuries and illnesses, and being mindful that these descriptions are being used by OSHA in a way that makes them publicly accessible. Employers were required to submit injury and illness data for 2024 by March 2, 2025.
OSHA’s 2024 ITA Data: What the Latest Injury and Illness Filings Reveal
Quick Hits OSHA’s 2024 Injury Tracking Application (ITA) cycle expanded electronic reporting, providing richer case-level detail for large establishments in high-hazard industries, enhancing OSHA’s ability to target inspections and enforcement. Healthcare, transportation/warehousing, manufacturing, and retail trade continued to report the highest volumes of recordable cases, with construction also showing high rates of severe outcomes.
Occupational Safety and Health Administration Recordkeeping and R
This three-part series on OSHA recordkeeping and reporting provides tips for employers on maintaining compliance with Occupational Safety and Health Administration (OSHA) requirements. Part I covers the foundational aspects of determining recordability, including the use of OSHA Forms 300, 301, and 300A, and the criteria for recording work-related injuries and illnesses. Part II, which follows below, offers a step-by-step walkthrough for completing these forms accurately.
OSHA Recordkeeping And Reporting Guidance For Employers, Part I: Foundations Of OSHA Injury And Illness Recordkeeping
This three-part series on OSHA recordkeeping and reporting provides tips for employers on maintaining compliance with Occupational Safety and Health Administration (OSHA) requirements. Part I, which follows below, covers the foundational aspects of determining recordability, including the use of OSHA Forms 300, 301, and 300A, as well as the criteria for recording work-related injuries and illnesses.
OSHA Recordkeeping for Injuries and Illnesses
This three-part series on OSHA recordkeeping and reporting provides tips for employers on maintaining compliance with Occupational Safety and Health Administration (OSHA) requirements. Part I, which follows below, covers the foundational aspects of determining recordability, including the use of OSHA Forms 300, 301, and 300A, as well as the criteria for recording work-related injuries and illnesses.
OSHA's Proposed General Duty Clause Modifications: Much Ado About Nothing?
John D. Surma’s articles from Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Employment and HR topic(s) Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Consumer Protection topic(s) The Occupational Safety and Health Act's General Duty Clause (GDC) has long functioned as the Occupational Safety and Health Administration's (OSHA) catch‑all enforcement tool to address serious, recognized hazards where no specific standard applies.
Occupational Safety and Health Act Seeks to Narrow General Duty C
The Occupational Safety and Health Act’s General Duty Clause (GDC) has long functioned as the Occupational Safety and Health Administration’s (OSHA) catch‑all enforcement tool to address serious, recognized hazards where no specific standard applies. On July 1, 2025, OSHA proposed modifications to the GDC that would narrow its reach to a discrete set of inherently risky professional activities.
Workplace Chemical Protection Program Requirements: When OSHA Didn't Act, The EPA Did
OD Ogletree, Deakins, Nash, Smoak & Stewart More Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
EPA WCPP Introduces Occupational Exposure Limits for Chemicals
Skip to main content November 05, 2025 Volume XV, Number 309 Legal Analysis. Expertly Written. Quickly Found. Trending News Workplace Chemical Protection Program Requirements - When OSHA Didn’t Act, the EPA Did Print Mail Download />i The Environmental Protection Agency’s (EPA) Workplace Chemical Protection Program (WCPP) under Section 6 of the Toxic Substances Control Act (TSCA) has fundamentally changed the compliance landscape for occupational exposures to certain chemicals.
OSHA Under OIRA's Deregulatory Memo: What Changes To Expect And What's At Stake
John D. Surma’s articles from Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Employment and HR topic(s) Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Consumer Protection topic(s) Quick Hits The October 21, 2025, OIRA memorandum accelerates deregulatory actions across the federal government, with immediate implications for OSHA, including expedited review timelines and the use of the "good cause" exception to bypass notice-and-comment procedures.
OSHA Under OIRA’s Deregulatory Memo: What Changes to Expect and What’s at Stake | JD Supra
The October 21, 2025, memorandum from the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) sets out an aggressive framework to accelerate deregulatory actions across the federal government. Although the memo is addressed broadly to regulatory policy officers, its guidance has immediate and practical implications for the Occupational Safety and Health Administration (OSHA).
What Changes to Expect from OSHA Under OIRA's Deregulatory Memo
Quick Hits The October 21, 2025, OIRA memorandum accelerates deregulatory actions across the federal government, with immediate implications for OSHA, including expedited review timelines and the use of the “good cause” exception to bypass notice-and-comment procedures.
OSHA Under OIRA’s Deregulatory Memo: What Changes to Expect and What’s at Stake
Quick Hits The October 21, 2025, OIRA memorandum accelerates deregulatory actions across the federal government, with immediate implications for OSHA, including expedited review timelines and the use of the “good cause” exception to bypass notice-and-comment procedures.
Mpox in the Workplace: What Employers Need to Know
Quick Hits Legal and operational expectations require employers to protect workers from recognized hazards, respond promptly and proportionately, respect medical privacy, and communicate accurately without stigma in response to mpox cases in the workplace. Mpox spreads primarily through close, personal contact with lesions, scabs, or body fluids, and via contaminated materials, necessitating prompt isolation, targeted cleaning, and practical source control in the workplace.
Mpox in the Workplace: What Employers Need to Know
Quick Hits Legal and operational expectations require employers to protect workers from recognized hazards, respond promptly and proportionately, respect medical privacy, and communicate accurately without stigma in response to mpox cases in the workplace. Mpox spreads primarily through close, personal contact with lesions, scabs, or body fluids, and via contaminated materials, necessitating prompt isolation, targeted cleaning, and practical source control in the workplace.
OSHA And OSHRC In Transition, Part I: Early And Evolving Constitutional Challenges
John D. Surma’s articles from Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Employment and HR topic(s) Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Consumer Protection topic(s) 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.
OSHA and OSHRC in Transition, Part II: Contemporary Challenges, Litigation Posture, and Prospective Reforms
Quick Hits Recent litigation has intensified Article II of the U.S. Constitution concerns, challenging the insulation of administrative law judges (ALJs) from presidential oversight and prompting calls for structural remedies to recalibrate accountability. The Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy suggests that OSHA’s penalty-seeking enforcement actions may need to migrate to Article III courts, potentially increasing federal court litigation with juries.
OSHA and OSHRC in Transition, Part I: Early and Evolving Constitutional Challenges
Quick Hits Humphrey’s Executor v. United States, decided in 1935, has long supported the independence of agencies like OSHRC. Recent Supreme Court decisions are reshaping the legal status and enforcement mechanisms of OSHA and OSHRC. For nearly a century, the constitutional legitimacy of independent agencies has rested on the Supreme Court of the United States’ decision in Humphrey’s Executor v. United States.
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).
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