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Articles by Ryan Swink
5th Circuit May Have Opened Door to New Challenges to OSHA’s Incident-Reporting Rules
An employer facing a workplace fatality or serious injury may have only hours to decide whether the Occupational Safety and Health Administration (OSHA) must be notified. That pressure is familiar, but the statutory source of those deadlines may now warrant a closer look. In July 2026, the U.S. Court of Appeals for the Fifth Circuit held in Exxon Mobil Corp. v.
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.
Safety Basics XIV: Legal Strategies For Challenging OSHA Citations On Judicial Review (Podcast)
In this episode of Ogletree Deakins'Safety Basicspodcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss judicial review in the context of Occupational Safety and Health Administration (OSHA) citations.
Safety Basics XIV: Legal Strategies for Challenging OSHA Citations on Judicial Review
September 18, 2025 By John D. Surma and Ryan J. Swink In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss judicial review in the context of Occupational Safety and Health Administration (OSHA) citations.
Safety Basics XIII: From Inspections To Indictments-The Risks Of Criminal Liability In Workplace Safety (Podcast)
In this episode of Ogletree Deakins' Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss the critical topic of criminal liability in relation to occupational safety and health law.
Safety Basics XIII: From Inspections to Indictments-The Risks of Criminal Liability in Workplace Safety
August 15, 2025 By John D. Surma and Ryan J. Swink In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss the critical topic of criminal liability in relation to occupational safety and health law.
OSH Law Primer, Part XIV: Did OSHA Get It Wrong? Understanding Judicial Review Under The OSH Act
Quick Hits Employers can challenge OSHA's findings through the administrative system and, if necessary, seek federal court intervention, though winning on appeal is difficult. Appeals from OSHRC decisions must be filed within sixty days in the appropriate U.S. court of appeals, with strict adherence to initial administrative procedures.
OSH Law Primer, Part XIV: Did OSHA Get It Wrong? Understanding Judicial Review Under the OSH Act
This is the fourteenth 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. In this fourteenth article, we examine judicial review under the OSH Act.
OSH Law Primer, Part XIII: Criminal Penalties And Sanctions
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...
OSH Law Primer, Part XIII: Criminal Penalties and Sanctions
This is the thirteenth 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.
Mile-High Times for OSHA in Colorado: Denver and Englewood Area Offices Focus on Cannabis Facilities | JD Supra
Although cannabis remains illegal under federal law, that has not prevented the Occupational Safety and Health Administration (OSHA) from enforcing the Occupational Safety and Health Act (OSH Act) against cannabis-related businesses.
Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System
On the heels of the Supreme Court’s June 2024 decision in Securities and Exchange Commission v.
Schneider Electric Investigates JIRA Platform Breach, Stolen Cred
This week, Schneider Electric confirmed that it is investigating a security incident involving its JIRA internal development platform. The attacker group, “Grep,” allege that it stole 40 GB of data from the JIRA platform by using stolen credentials, including “75,000 unique email addresses and full names for Schneider Electric employees and customers.” Grep posted on a dark web site that it is demanding $125,000 to not leak the data.
OSHA Enforcement Memo for Animal Slaughtering and Meat Processing Industries Portends In-Depth, Lengthy Investigations | JD Supra
On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015 enforcement memorandum directed to the same industries. The new memorandum expands on the old.
United States | Diversity Visa 2026 Date Correction
Skip to main content October 29, 2024 Volume XIV, Number 303 Legal Analysis. Expertly Written. Quickly Found. Trending News United States | Diversity Visa 2026 Date Correction Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard The State Department issued a correction of the Diversity Visa (DV) 2026 Federal Register notice. Key Points: The Federal Register notice listed incorrect dates for the DV 2026 entry period.
OSHA Enforcement Memo for Animal Slaughtering and Meat Processing Industries Portends In-Depth, Lengthy Investigations
Quick Hits Under a new enforcement memo related to the animal slaughtering and meat processing industries, inspections of covered establishments are likely to be in-depth and time-consuming. The memo directs compliance officers to make referrals to other federal agencies, including the USDA’s Food Safety Inspection Service.
OSH Law Primer, Part IX: Hazard Communication | JD Supra
This is the ninth 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 IX: Hazard Communication
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—nor 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.
NFPA Electrical Equipment Maintenance Standard: From Recommended Practice To Potential Industry Standard
The Occupational Safety and Health Administration (OSHA) issues regulations and standards, but those cannot possibly address all workplace health and safety conditions. As a result, OSHA does two things: one is to incorporate by reference certain industry standards, and the other is to use Section 5(a)(1), also known as the General Duty Clause, to cite employers for violations of industry standards, whether incorporated by reference or not.
NFPA Electrical Equipment Maintenance Standard: From Recommended Practice to Potential Industry Standard | JD Supra
The Occupational Safety and Health Administration (OSHA) issues regulations and standards, but those cannot possibly address all workplace health and safety conditions. As a result, OSHA does two things: one is to incorporate by reference certain industry standards, and the other is to use Section 5(a)(1), also known as the General Duty Clause, to cite employers for violations of industry standards, whether incorporated by reference or not.
NFPA Electrical Equipment Maintenance Standard: From Recommended Practice to Potential Industry Standard
Quick Hits OSHA may look to the National Fire Protection Association’s new electrical equipment maintenance standard for interpretation of agency standards and requirements. The standard, NFPA 70B, requires development of a safety program addressing maintenance, inspections, servicing, and testing of electrical equipment. Employers can expect OSHA to begin relying on NFPA 70B as an industry standard.
EXPERT INSIGHTS-OSHA'S PROPOSED EMERGENCY RESPONSE STANDARD: A CLOSER LOOK AND AN ANALYSIS FOR COVERED EMPLOYERS
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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.
OSHA’s Proposed Emergency Response Standard: A Closer Look and an Analysis for Covered Employers | JD Supra
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). Quick Hits 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.
OSHA’s Proposed Emergency Response Standard: A Closer Look and an Analysis for Covered Employers
Quick Hits 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. The proposed standard’s lack of specific definitions, action levels, and exposure limits makes its compliance expectations less than clear for covered employers.
Texas's SB 240: State Legislature Passes Workplace Violence Prevention Act (Podcast)
In this podcast, John Surma and Frank Davis are joined by Ryan Swink to discuss Texas's Senate Bill (SB) 240-which imposes workplace violence requirements on covered healthcare facilities. Specifically, SB 240, which is also known as the Workplace Violence Prevention Act, requires health care facilities to adopt, implement, and enforce written workplace violence prevention programs and written prevention plans.
Supreme Court Ruling Questions Constitutionality Of FTC's And SEC's Administrative Adjudications Processes—Is OSHA Next? - Constitutional & Administrative Law - United States
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade Commission and Securities and Exchange Commission v. Cochran, Nos. 21-86 and 21-1239, the Supreme Court held that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies.
Under SB 240, Texas Healthcare Facilities Will Be Required To Adopt Workplace Violence Prevention Plans By September 1, 2024
California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health's (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational Safety and Health Administration (OSHA) has likewise taken steps to develop a workplace violence prevention standard for healthcare settings.
Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next? | JD Supra
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade Commission and Securities and Exchange Commission v. Cochran, Nos. 21-86 and 21-1239, the Supreme Court held that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies.
Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024 | JD Supra
May 17, 2023 To embed, copy and paste the code into your website or blog: California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health’s (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational Safety and Health Administration (OSHA) has likewise taken steps to develop a workplace violence prevention standard for healthcare settings.
Texas’s SB 240: State Legislature Passes Workplace Violence Prevention Act (Podcast)
In this podcast, John Surma and Frank Davis are joined by Ryan Swink to discuss Texas’s Senate Bill (SB) 240—which imposes workplace violence requirements on covered healthcare facilities. Specifically, SB 240, which is also known as the Workplace Violence Prevention Act, requires health care facilities to adopt, implement, and enforce written workplace violence prevention programs and written prevention plans.
Under SB 240, Texas Healthcare Facilities Will Be Required to Adopt Workplace Violence Prevention Plans by September 1, 2024
California has long led the nation in addressing workplace violence via the California Division of Occupational Safety and Health’s (Cal/OSHA) Workplace Violence Prevention in Health Care standard. The federal Occupational Safety and Health Administration (OSHA) has likewise taken steps to develop a workplace violence prevention standard for healthcare settings.
Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes-Is OSHA Next?
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade Commission and Securities and Exchange Commission v. Cochran, Nos. 21-86 and 21-1239, the Supreme Court held that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies.
Arizona Gets to Keep Its State-Operated Workplace Safety and Health Program
On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health. The decision follows the issuance of a proposed revocation on April 21, 2022, and extensive comments from both sides of the debate.
OSHA Seeks to ‘Modernize, Expand, and Enhance’ Its Voluntary Protection Programs | JD Supra
Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., citable violative conduct). However, OSHA ostensibly has goals other than finding reasons to issue citations.
OSHA Seeks to ‘Modernize, Expand, and Enhance’ Its Voluntary Protection Programs
Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., citable violative conduct). However, OSHA ostensibly has goals other than finding reasons to issue citations.
KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs
The Occupational Safety and Health Administration's (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with "occupational exposure to blood or other potentially infectious materials" to develop written exposure control plans designed to eliminate or minimize employee exposure.
KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs
The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials” to develop written exposure control plans designed to eliminate or minimize employee exposure.
Workplace Safety In Arizona: Update On OSHA's Proposal To Revoke State Plan
On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona's occupational safety and health (OSH) plan's final approval under Section 18(e) of the Occupational Safety and Health Act of 1970.
Texas Firearm Carry Act Of 2021: Can Employers Bar Employees From Carrying Guns Onto Work Premises?
United States: Texas Firearm Carry Act Of 2021: Can Employers Bar Employees From Carrying Guns Onto Work Premises? 08 June 2021 by Jeff S. Mayes and Ryan J. Swink Ogletree, Deakins, Nash, Smoak & Stewart To print this article, all you need is to be registered or login on Mondaq.com. Texas Governor Greg Abbott is expected to sign the Firearm Carry Act of 2021 (House Bill 1927) into law.
Texas Firearm Carry Act of 2021: Can Employers Bar Employees From Carrying Guns Onto Work Premises? | JD Supra
Texas Governor Greg Abbott is expected to sign the Firearm Carry Act of 2021 (House Bill 1927) into law. Texas will join several other states that have enacted or plan to enact similar permitless, “constitutional carry” statutes in support of the individual right to keep and bear arms under the Second Amendment of the U.S. Constitution.
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