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Defending OSHA Citations in the Pullback Era: Loper Bright, Jarkesy, and the State-Plan Patchwork

The federal agency is shrinking, but the citations keep coming. Learn how to attack OSHA enforcement using Loper Bright and Jarkesy, cut penalty exposure instance-by-instance, and defend clients across a fractured federal/state-plan landscape.

2026-07-29 13:00:00

Program Details

2026-07-29 13:00:00

2026-07-29 13:00:00

Over 1,000+ webinars

2026-07-29 13:00:00

Program Details

2026-07-29 13:00:00

Program Details

2026-07-29 13:00:00

Over 1,000+ webinars

2026-07-29 13:00:00

Course Overview

OSHA Pulled Back—the Citations Didn't

2026-07-29 13:00:00

The agency is shrinking, but the citations keep coming and the old defense playbook no longer fits. Loper Bright and Jarkesy opened new attacks on regulatory authority and ALJ adjudication; an OSHRC quorum crisis is stalling proceedings; state plans are diverging fast. Drawing on roughly 2,000 inspections, the faculty show how contested OSHA cases actually get defended now, constitutional grounds, instance-by-instance penalty cuts, multi-state compliance.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
OSHA changes
Budget cuts, staffing losses, and reorganization have altered the agency’s operation and inspections.
02
Inspection trend
Changes in inspection and enforcement trends since the COVID-19 pandemic and OSHA’s response.
03
State law
State-law expansions filling the federal gap amid expanding state-plan divergence.
04
Regulatory authority
Loper Bright reshapes the new regulatory authority defense in contested citation proceedings.
05
Constitutional attacks
Jarkesy, Article II ALJ challenges, and the OSHRC quorum crisis.
06
Penalty exposure
Instance-by-instance penalties, General Duty Clause limits, and heat rulemaking compliance.

Program schedule

clock 1:00 pm - 2:00 pm EST

Inspections Following Dramatic Changes at the Federal and State Levels

This session examines how changes at OSHA impacted inspections under the current administration, state actions reacting to perceptions of OSHA in jeopardy, and broader enforcement trends commencing with the Pandemic and OSHA’s response.

John D. SurmaJohn D. Surma
Curtis G. MooreCurtis G. Moore
clock 2:10 pm - 3:10 pm EST

OSHA Defense After Jarkesy and Loper Bright: Citations and Compliance

This session examines how the 2024 decisions reshape OSHA citation defense, from challenging regulatory authority and ALJ constitutionality to instance-by-instance penalty exposure, plus diverging enforcement across federal OSHA and state-plan states, including heat-standard compliance and the OSHRC quorum crisis.

John D. SurmaJohn D. Surma
Curtis G. MooreCurtis G. Moore
John D. Surma

John D. Surma

Fisher & Phillips LLP

Curtis G. Moore

Curtis G. Moore

Fisher & Phillips LLP

John D. Surma

John D. Surma

Fisher & Phillips LLP

John D. Surma is a partner in Fisher Phillips’ Houston office, where he defends employers nationwide in workplace safety and health matters, regulatory compliance, and catastrophic incident investigations. With decades of experience representing mid- to large-scale employers in healthcare, construction, industrial manufacturing, energy, and infrastructure, John guides businesses through OSHA, MSHA, and other agency actions, as well as risk management, regulatory counseling, and litigation arising from catastrophic workplace events. Employers rely on his strategic counsel to navigate the full scope of workplace safety statutes, enforcement actions, and investigations—ensuring compliance, reducing risk, and protecting business continuity when it matters most. His clients include aviation companies, refiners, chemical manufacturers, transportation and logistics providers, and major construction and engineering firms. Known for his ability to respond quickly and effectively to catastrophic events, he frequently leads investigations and defends employers in both regulatory proceedings and related civil litigation.

Education & Credentials

John earned his J.D. from the University of Wisconsin Law School in 1994 and his B.S., summa cum laude, from the University of Wisconsin-Platteville in 1992. He is admitted to practice in Texas and Wisconsin. His court admissions include the U.S. Court of Appeals for the Seventh Circuit; the U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas; and the U.S. District Courts for the Eastern and Western Districts of Wisconsin.

Recognition & Leadership

John has been recognized in The Best Lawyers in America for Employment Law – Management, Labor Law – Management, and Litigation – Labor and Employment (2024–2026). He has also held a Distinguished rating from Martindale-Hubbell from 2000 to the present.

Professional Involvement

John is a member of the Houston Bar Association, the State Bar of Texas, and the State Bar of Wisconsin.

Experience

Drawing on extensive trial and counseling experience, John represents clients before federal and state agencies, manages compliance audits, and develops proactive programs to address evolving regulatory challenges. He has handled approximately 2,000 regulatory inspections and investigated hundreds of fatal workplace incidents, delivering practical solutions that minimize liability and support operational goals. Before joining Fisher Phillips, John was a shareholder at a national labor and employment firm, where he advised and represented employers in high-stakes workplace safety and employment law matters across the United States. His broad experience in multi-industry regulatory compliance and litigation enables him to anticipate issues, deliver actionable advice, and partner with clients to achieve optimal outcomes in even the most challenging circumstances.
Curtis G. Moore

Curtis G. Moore

Fisher & Phillips LLP

Curtis G. Moore is a partner at Fisher Phillips, based in the firm’s Charlotte office and also practicing out of Columbus. He represents employers before the Occupational Safety and Health Review Commission (OSHRC), federal and state courts, and other administrative agencies, in Ohio and wherever else his clients’ needs take him. Known for his dedication, tenacity, and resourcefulness, Curt will travel anywhere to help his clients, whether for an OSHA or MSHA inspection, employment litigation case, traditional labor dispute, collective-bargaining session, or workers’ compensation matter. He is also a frequent workplace-safety content contributor to Construction Executive magazine. Immediately prior to joining Fisher Phillips, Curt was an associate at a respected, historic litigation firm in Dayton, Ohio, where he practiced primarily in employment litigation, corporate litigation, professional and medical malpractice defense, and white collar criminal defense.

Education & Credentials

Curt graduated summa cum laude from the University of Dayton School of Law, earning his J.D. in 2013, and received his B.A. from DePauw University in 2010. He is admitted to practice in North Carolina and Ohio. His court admissions include the Supreme Court of the United States, the U.S. Court of Appeals for the Sixth Circuit, and the U.S. District Courts for the Northern and Southern Districts of Ohio. During law school, he served as Business Editor of the University of Dayton Law Review and was a member of the Mediation Competition Team.

Recognition & Leadership

Curt has been recognized in The Best Lawyers in America, Ones to Watch (2022–2026), and as an Ohio Super Lawyers Rising Star (2019–2022).

Professional Involvement

Curt serves as Vice President and Secretary of the House Corporation Board of Directors for the Delta Tau Delta Fraternity, Beta Beta Chapter.

Experience

Curt represents employers before the OSHRC, federal and state courts, and other administrative agencies. He has defended an international manufacturer, a construction contractor, and a food sanitation and processing facility against citations resulting from workplace fatalities and has defended multiple employers against OSHA citations—including matters involving amputations and overnight inpatient hospitalizations—in approximately 14 different U.S. states. He also represented a client in defense of a retiree and union suit alleging unpaid welfare benefits under ERISA, where discovery and extensive motions practice led to a favorable settlement and established precedent with the opposing union. During law school, Curt was a judicial extern for the Honorable Judge Thomas M. Rose and the Honorable Magistrate Judge Michael J. Newman of the U.S. District Court for the Southern District of Ohio, and a law clerk for the Honorable Judge Steven K. Dankof of the Montgomery County Court of Common Pleas in Dayton, Ohio. He also worked as a law clerk for a Fortune 100 manufacturing company, handling complex traditional labor issues including strike contingency preparation and union avoidance techniques.
John D. Surma

John D. Surma

Fisher & Phillips LLP

John D. Surma is a partner in Fisher Phillips’ Houston office, where he defends employers nationwide in workplace safety and health matters, regulatory compliance, and catastrophic incident investigations. With decades of experience representing mid- to large-scale employers in healthcare, construction, industrial manufacturing, energy, and infrastructure, John guides businesses through OSHA, MSHA, and other agency actions, as well as risk management, regulatory counseling, and litigation arising from catastrophic workplace events. Employers rely on his strategic counsel to navigate the full scope of workplace safety statutes, enforcement actions, and investigations—ensuring compliance, reducing risk, and protecting business continuity when it matters most. His clients include aviation companies, refiners, chemical manufacturers, transportation and logistics providers, and major construction and engineering firms. Known for his ability to respond quickly and effectively to catastrophic events, he frequently leads investigations and defends employers in both regulatory proceedings and related civil litigation.

Education & Credentials

John earned his J.D. from the University of Wisconsin Law School in 1994 and his B.S., summa cum laude, from the University of Wisconsin-Platteville in 1992. He is admitted to practice in Texas and Wisconsin. His court admissions include the U.S. Court of Appeals for the Seventh Circuit; the U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas; and the U.S. District Courts for the Eastern and Western Districts of Wisconsin.

Recognition & Leadership

John has been recognized in The Best Lawyers in America for Employment Law – Management, Labor Law – Management, and Litigation – Labor and Employment (2024–2026). He has also held a Distinguished rating from Martindale-Hubbell from 2000 to the present.

Professional Involvement

John is a member of the Houston Bar Association, the State Bar of Texas, and the State Bar of Wisconsin.

Experience

Drawing on extensive trial and counseling experience, John represents clients before federal and state agencies, manages compliance audits, and develops proactive programs to address evolving regulatory challenges. He has handled approximately 2,000 regulatory inspections and investigated hundreds of fatal workplace incidents, delivering practical solutions that minimize liability and support operational goals. Before joining Fisher Phillips, John was a shareholder at a national labor and employment firm, where he advised and represented employers in high-stakes workplace safety and employment law matters across the United States. His broad experience in multi-industry regulatory compliance and litigation enables him to anticipate issues, deliver actionable advice, and partner with clients to achieve optimal outcomes in even the most challenging circumstances.
Curtis G. Moore

Curtis G. Moore

Fisher & Phillips LLP

Curtis G. Moore is a partner at Fisher Phillips, based in the firm’s Charlotte office and also practicing out of Columbus. He represents employers before the Occupational Safety and Health Review Commission (OSHRC), federal and state courts, and other administrative agencies, in Ohio and wherever else his clients’ needs take him. Known for his dedication, tenacity, and resourcefulness, Curt will travel anywhere to help his clients, whether for an OSHA or MSHA inspection, employment litigation case, traditional labor dispute, collective-bargaining session, or workers’ compensation matter. He is also a frequent workplace-safety content contributor to Construction Executive magazine. Immediately prior to joining Fisher Phillips, Curt was an associate at a respected, historic litigation firm in Dayton, Ohio, where he practiced primarily in employment litigation, corporate litigation, professional and medical malpractice defense, and white collar criminal defense.

Education & Credentials

Curt graduated summa cum laude from the University of Dayton School of Law, earning his J.D. in 2013, and received his B.A. from DePauw University in 2010. He is admitted to practice in North Carolina and Ohio. His court admissions include the Supreme Court of the United States, the U.S. Court of Appeals for the Sixth Circuit, and the U.S. District Courts for the Northern and Southern Districts of Ohio. During law school, he served as Business Editor of the University of Dayton Law Review and was a member of the Mediation Competition Team.

Recognition & Leadership

Curt has been recognized in The Best Lawyers in America, Ones to Watch (2022–2026), and as an Ohio Super Lawyers Rising Star (2019–2022).

Professional Involvement

Curt serves as Vice President and Secretary of the House Corporation Board of Directors for the Delta Tau Delta Fraternity, Beta Beta Chapter.

Experience

Curt represents employers before the OSHRC, federal and state courts, and other administrative agencies. He has defended an international manufacturer, a construction contractor, and a food sanitation and processing facility against citations resulting from workplace fatalities and has defended multiple employers against OSHA citations—including matters involving amputations and overnight inpatient hospitalizations—in approximately 14 different U.S. states. He also represented a client in defense of a retiree and union suit alleging unpaid welfare benefits under ERISA, where discovery and extensive motions practice led to a favorable settlement and established precedent with the opposing union. During law school, Curt was a judicial extern for the Honorable Judge Thomas M. Rose and the Honorable Magistrate Judge Michael J. Newman of the U.S. District Court for the Southern District of Ohio, and a law clerk for the Honorable Judge Steven K. Dankof of the Montgomery County Court of Common Pleas in Dayton, Ohio. He also worked as a law clerk for a Fortune 100 manufacturing company, handling complex traditional labor issues including strike contingency preparation and union avoidance techniques.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Pending
Hawaii
Approved
Idaho
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Illinois
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Indiana
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Iowa
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Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs