In a February 13, 2026 decision, Cedar Springs Hospital v. Occupational Safety and Health Review Commission (OSHRC), No. 24-9519 (10th Cir. 2026), the Tenth Circuit U.S. Court of Appeals reaffirmed the Occupational Health and Safety Administration’s (OSHA) authority to cite healthcare employers for workplace violence under the OSHA’s General Duty Clause. The court upheld OSHA citations issued to a Colorado psychiatric hospital, as well as related penalties against the hospital’s management company based on common ownership. The court rejected three main arguments posited by the hospital.

The average mining operator now spends over $20,000 per year on citations and penalties. In this must-attend cost-savings workshop, held from September 15 to 17, 2026, you’ll learn how to reduce or eliminate fines—and improve safety conditions. In an era of increasing citations, this workshop will prepare you for Mine Safety and Health Administration (MSHA) inspections so you can avoid penalties.

The Mine Safety and Health Administration (MSHA) announced in a November 26, 2025, status report to the U.S. Court of Appeals, Eighth Circuit (where the rule is currently being litigated), its plans to “engage in limited rulemaking to reconsider and seek comments on portions of the Silica Rule.” The Eighth Circuit required MSHA to provide an update on its rulemaking efforts by February 2, 2026.

On September 19, 2025, the Federal Mine Safety and Health Review Commission issued a decision, Secretary of Labor v. Consol Pennsylvania Coal Company, that re-defined the interpretation of the “significant and substantial” (S&S) standard of Section 104(d) of the Federal Mine Safety and Health Act. The standard has undergone shifting interpretations over the decades. The Secretary did not request a review of the S&S test on appeal. However, the Commission’s decision revised the test to require only (1) a hazard to which the violation could contribute, and (2) that the violation significantly and substantially contributes to that hazard – making it substantially easier for the Secretary of Labor (and MSHA inspectors) to support and uphold S&S allegations. 

The average mining operator now spends over $20,000 per year on citations and penalties. In this must-attend cost-savings workshop, learn how to reduce or eliminate fines—with the added benefit of improved safety conditions. In an era of increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and challenge citations.

Register here to meet September 3–5, 2025, from 8:30 a.m. – 5:00 p.m. Mountain Time at Husch Blackwell’s Denver office at 1801 Wewatta Street, Suite 1000.

Over the past year, our team has noted significant activity in the area of employment-related class action lawsuits filed against mining operators and contractors, oil and gas companies, and other companies in the energy industry. These cases—generated mostly through a few plaintiff-side law firms—target alleged violations of the Fair Labor Standards Act (FLSA), including allegations…