On October 29, 2025, the Coalition for Workplace Safety filed comments on OSHA’s Interpretation of the General Duty Clause: Limitation for Inherently Risky Professional Activities Proposed Rule. As currently drafted, OSHA’s proposed rule could result in plaintiffs’ attorneys using OSHA’s “inherently risky” designation for certain professions or industries to argue companies did not sufficiently mitigate known risks, leading to significantly more frivolous litigation. Our letter, therefore, urges OSHA to add language to the final rule clarifying that “inherently risky” designations are limited to OSHA’s regulatory enforcement and do not affect civil liability or third-party claims, and provides suggested language to that effect.
