Safety Perspectives From the Dallas Region: Federal Court Ruling Sparks Uncertainty in OSHA Proceedings

Ogletree Deakins Podcasts

In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the implications of a recent federal court ruling that extends the Supreme Court’s June 2024 decision in SEC v. Jarkesy, barring the use of administrative law judges (ALJs) in certain matters before the SEC. In November 2024, a federal district court judge in Texas expanded the bar to include ALJs at the U.S. Department of Labor—a decision that could potentially affect OSHA’s adjudication procedures. John and Frank’s discussion highlights the uncertainty and backlog this situation could create within the federal court system. They also examine the future of administrative law proceedings—particularly for employers facing OSHA actions.