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I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements....more

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

Cal/Osha’s Proposed Revisions to Its Draft Workplace Violence Prevention Regulation

On May 13, 2025, Cal/OSHA released a new discussion draft of its proposed regulation on Workplace Violence Prevention in General Industry. This latest version updates the July 15, 2024 draft we previously blogged about, and...more

Update: Cal/OSHA Releases Revised Draft Workplace Violence Prevention Regulation, Strikes Prohibition on Confronting Shoplifters

On May 13, 2025, Cal/OSHA released a new discussion draft of its proposed regulation on Workplace Violence Prevention in General Industry. This latest version updates the July 15, 2024 draft we previously blogged about, and...more

Hot Topic: Nevada Joins Ranks of States Enforcing Onerous New Heat Illness Rules

Nevada’s sunny and hot summers pose hazards of heat-related illnesses to outdoor workers and non-climate-controlled indoor workers. April 29, 2025 marks a significant milestone for workplace safety in Nevada as the Nevada...more

Former Safety Director David Keeling Nominated to Lead OSHA

On February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. Keeling, with extensive experience in occupational safety, is expected to adopt a...more

 That’s It, Folks! Cal/OSHA’s COVID Rule Has (Mostly) Expired

As of February 3, 2025, California’s COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the...more

Another Year in The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2024

OSHA enforces almost 1,000 standards and tens of thousands of individual regulations related to General Industry, Construction, Maritime, and other industries. Once again, OSHA released its preliminary data for the top ten...more

New Year, New Penalties: OSHA and USEPA Increase Penalties

The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties....more

As Wildfires Rage in Los Angeles, Employers Must Comply with Cal/OSHA’s Wildfire Smoke Rules

Ongoing wildfires in Southern California trigger Cal/OSHA regulations that require employers to train and protect employees from wildfire smoke. The regulation applies to most outdoor workplaces, requiring employers to...more

Radical Change at OSHA During Second Trump Administration?

With another dramatic reversal from a pro-labor Democratic administration to a second Trump administration, we anticipate that OSHA is likely to pivot away from its current enforcement-heavy agenda to a greater emphasis on...more

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

Responding to an Accident: OSHA and Legal Liabilities

A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

The Heat is On: Cal/OSHA Indoor Heat Illness Standard Gains Unanimous Approval

Seyfarth Synopsis: The Cal/OSHA Standards Board unanimously voted to approve Cal/OSHA’s indoor heat rule at the June 20, 2024 Standards Board meeting. Employers should be prepared to comply within the next 30-60 days....more

OSHA Final Rule to Revise Chemical Labelling and Safety Data Sheets

Seyfarth Synopsis: The Occupational Safety and Health Administration’s (“OSHA”) Hazard Communications (“HazCom”) Standard was the most frequently cited general industry standard in the past fiscal year. OSHA recently...more

U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last...more

DOJ Publishes Proposed Rule to Reschedule Cannabis

Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug...more

Taking On-the-Job Training (OJT) to the Next Level: Reducing Liabilities Through Fuller Documentation

The OSHA regulations governing General Industry and Construction workplaces include hundreds of employee safety training requirements. Sophisticated safety managers know that many OSHA standards provide specific...more

Union Intrusion: New OSHA Rule Permits Non-Employee Union Representatives on OSHA Inspection Walkarounds

On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA...more

Indoor Heat Illness Standard: More Delay of the Long-Delayed Rule

The Cal/OSHA Standards Board was ready to vote on Cal/OSHA’s indoor heat rule at the March 21, 2024 Standards Board meeting, but at the 11th hour, the Board was ordered to cancel its scheduled vote....more

Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a...more

OSHA Post-Accident Rapid Response Investigation (RRI): Update Your Strategy

The Federal Occupational Safety and Health Administration (OSHA) requires employers to report certain serious injuries by telephone within twenty-four (24) hours. Injuries that must be reported include injuries that result in...more

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