Cutting-Edge Workplace & Occupational Safety Legal and Compliance Issues Highlighted at ABA Midwinter Meeting

For several decades, the American Bar Association has hosted an annual event focused on Workplace & Occupational Safety and Health (WOSH) issues, including both the Mine Safety and Health Act (MSHA) and the Occupational Safety and Health Act (OSHA). This event brings employer, employee, government, and union advocates together to share different perspectives, while recognizing a shared goal to enhance worker safety in American workplaces. This tradition continued during the last week of February 2026, in San Juan, Puerto Rico. 

Although representatives from MSHA and OSHA current agency leadership were not in attendance for the event, a large number of individuals who have previously served in such government roles were present, alongside a broad spectrum of representatives from the larger workplace safety community, including numerous union representatives and management-side attorneys.

Emerging Themes Reflect a Time of Dynamic Change for Workplace Safety Regulation and Compliance

Over the course of four days, 24 panel presentations occurred, covering a wide range of highly active current workplace safety developments and issues, in both the MSHA and OSHA contexts. High-level themes that developed throughout the course of the event and impact all employers included:

• A continuing observed increase in workplace violence and drug & alcohol situations prompting human resource challenges and related regulatory and compliance responses;
• A recognition of how major recent Supreme Court decisions in cases such as Loper Bright and Jarkesy have affected the predictability of statutory, regulatory, and administrative hearing processes involving both MSHA and OSHA, while at the same time numerous executive orders have created an unprecedented level of regulatory re-calibration;
• A recognition of the manner in which a number of states (especially those with OSHA-approved State Plans) continue to be increasingly active on fast-developing workplace safety issues including workplace violence prevention, heat illness prevention, and others;
• Discussion about the unprecedented challenges – and opportunities – presented for workplace safety arising from the continuing emergence of AI in virtually every aspect of both workplaces and society writ large; and
• Discussion about statistics suggesting a general decline in OSHA enforcement (including in some State Plan states such as California) in recent years that may be attributed at least in part to ongoing staffing issues – a priority that recently-installed federal OSHA Chief David Keeling has identified as a top priority. 

A Shared Commitment to Workplace Safety in Changing Times

In times of fast-paced change and conflicting viewpoints on many issues, there is some mild reassurance that can be taken by the collective ability of a group of very diverse thinkers representing employees, employers, and unions to gather in person to share candid discussion in a respectful and collegial manner. Despite different perspectives, all shared a common goal – to work toward ensuring the safety of workers so that they can return safely home to their families each day.

Employers should remain attentive to the numerous highly active frontiers of workplace safety compliance and planning that were discussed by leading figures at the event.  Littler will continue to monitor specific workplace safety legal developments and to inform employers and advise clients about them.