Employers with sophisticated safety programs implement overarching Safety and Health Management Systems (“SHMS”, also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly...more
11/19/2025
/ Anti-Retaliation Provisions ,
Cal-OSHA ,
Compliance Management Systems ,
Employee Engagement ,
Employee Training ,
Employer Responsibilities ,
General Duty Clause ,
Mental Health ,
NIOSH ,
OSH Act ,
OSHA ,
Risk Management ,
Safety Inspections ,
Whistleblowers ,
Workplace Hazards ,
Workplace Safety
Employers have been alarmed by an increase in workplace violence over the last ten years, particularly in health care. The prevalence of active shooters in workplace (and decline in accidental deaths) mean that workplace...more
11/11/2025
/ Constitutional Challenges ,
Employer Liability Issues ,
Employer Responsibilities ,
Firearms ,
Gun Laws ,
Gun Permits ,
New Legislation ,
OSHA ,
Regulatory Requirements ,
Risk Management ,
SCOTUS ,
Second Amendment ,
State and Local Government ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Newly-confirmed member on Occupational Safety and Health Review Commission offers hope for eventual resolutions of pending cases....more
10/20/2025
/ Administrative Appointments ,
Administrative Law Judge (ALJ) ,
Appeals ,
Department of Labor (DOL) ,
Enforcement Actions ,
Government Agencies ,
Health and Safety ,
Labor Law Violations ,
OSHRC ,
Regulatory Agenda ,
Senate Confirmation Hearings ,
Workplace Safety
David Keeling’s confirmation as OSHA Chief could give regulatory and enforcement direction to OSHA when federal government funding is restored, likely moving the agency towards enhanced collaboration with industry and...more
10/9/2025
/ Administrative Appointments ,
Department of Labor (DOL) ,
Enforcement Priorities ,
Federal Funding ,
OSHA ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
Workplace Safety
Despite Congress failing to fund the federal government, the Department of Labor and OSHA will continue to operate with a skeleton crew. Citations will still be issued, deadlines remain in effect, and employers must report...more
10/6/2025
/ Appeals ,
Department of Labor (DOL) ,
Employer Responsibilities ,
Enforcement Actions ,
Enforcement Guidance ,
Enforcement Priorities ,
Filing Deadlines ,
Furloughs ,
Government Shutdown ,
OSHA ,
Regulatory Agencies ,
Reporting Requirements ,
Trump Administration ,
Workplace Safety
OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. ...more
7/2/2025
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
General Duty Clause ,
OSHA ,
Regulatory Requirements ,
Risk Management ,
Unions ,
Workers' Compensation Claim ,
Workplace Safety ,
Workplace Violence
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
6/18/2025
/ Constitutional Challenges ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Government Agencies ,
New Legislation ,
Oregon ,
OSHA ,
Penalties ,
Regulatory Requirements ,
Safety Inspections ,
State Labor Laws ,
Workplace Safety
The Trump Administration’s fiscal year 2026 budget proposal includes big cuts for OSHA. The Fiscal Year 2026 Congressional Budget Justification is available...more
6/13/2025
/ Budget Cuts ,
Deregulation ,
Employer Liability Issues ,
Enforcement Actions ,
Enforcement Guidance ,
Enforcement Priorities ,
Federal Budget ,
Government Agencies ,
OSHA ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
Workplace Safety
On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation....more
6/11/2025
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Enforcement Guidance ,
Enforcement Priorities ,
Labor Reform ,
OSHA ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Reform ,
Risk Management ,
Safety Standards ,
Trump Administration ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
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
6/9/2025
/ Corporate Counsel ,
Eavesdropping ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
NLRA ,
OSHA ,
Privacy Concerns ,
Security Cameras ,
State Labor Laws ,
Unfair Labor Practices ,
Wiretapping ,
Workplace Communication
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
5/30/2025
/ Cal-OSHA ,
California ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Hostile Environment ,
Labor Reform ,
Proposed Regulation ,
Proposed Rules ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
State Labor Laws ,
Workplace Violence
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
5/27/2025
/ Cal-OSHA ,
California ,
Criminal Mischief ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Reform ,
New Regulations ,
Proposed Rules ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Shoplifting ,
State Labor Laws ,
Workplace Violence
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
4/29/2025
/ Employee Training ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Heat Exposure ,
Nevada ,
New Regulations ,
OSHA ,
Regulatory Requirements ,
State Labor Laws ,
Workplace Injury ,
Workplace Safety
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
2/20/2025
/ Administrative Appointments ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
OSHA ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Reform ,
Trump Administration ,
Workplace Safety
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
Once again, employers are required to submit OSHA Forms 300, 301 and 300A online via OSHA’s Injury Tracking Application (ITA)....more
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
1/22/2025
/ Bodily Injury ,
Construction Project ,
Construction Workers ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Maritime Transport ,
OSHA ,
Personal Protective Equipment ,
Regulatory Violations ,
Safety Standards ,
Slip and Fall ,
Workplace Injury ,
Workplace Safety
The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties....more
1/14/2025
/ CERCLA ,
Civil Monetary Penalty ,
Clean Air Act ,
Clean Water Act ,
Employer Liability Issues ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
New Guidance ,
OSHA ,
RCRA ,
Statutory Violations ,
USEPA ,
Workplace Safety
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
1/10/2025
/ Cal-OSHA ,
California ,
City of Los Angeles ,
Corporate Counsel ,
Employee Training ,
Employees ,
Employer Responsibilities ,
Environmental Policies ,
Occupational Exposure ,
Personal Protective Equipment ,
Regulatory Requirements ,
State Labor Laws ,
Wildfires ,
Workplace Safety
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
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
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
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
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
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
5/31/2024
/ Administrative Law Judge (ALJ) ,
Chamber of Commerce ,
Fifth Amendment ,
Health and Safety ,
Injunctive Relief ,
New Rules ,
OSHA ,
Safety Inspections ,
Safety Standards ,
Third-Party Agents ,
Workplace Safety