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OSHA Temporarily Adopts CDC Guidance for Fully Vaccinated Employers

Seyfarth Synopsis: On May 18, 2021, OSHA adopted (by reference) CDC’s May 13, 2021 guidance for fully vaccinated individuals in many non-healthcare settings. Specifically, OSHA announced that employers should “refer to the...more

Manufacturers and Sand-Blasters Beware! OSHA Provides Guidance for Planned Enforcement of Beryllium Standards

Seyfarth Synopsis: The Interim Enforcement Guidance for the 2020 Final Beryllium Standards applies to all types of beryllium inspections....more

OSHA Advises Employers Not to Record Adverse Reactions From Voluntary COVID-19 Vaccines on the 300 Log

Seyfarth Synopsis: OSHA yesterday issued an additional guidance addressing whether employers need to record adverse vaccine reactions on their 300 Logs....more

Biden Administration Nominates CalOSHA Chief Doug Parker to Helm of Federal OSHA

Seyfarth Synopsis: The White House announced on Friday that Douglas L. Parker will be its nominee for the head of federal OSHA....more

NSC Updates OSHA “Top Ten” Most Frequently Cited Standards for 2020

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top ten cited standards. The list provides a starting point for employers reviewing their own safety programs....more

OSHA Adopts COVID-19 National Emphasis Program

Seyfarth Synopsis: On March 12, 2021, OSHA published its COVID-19 National Emphasis Program – Coronavirus Disease 2019 (COVID-19), DIR 2021-01(CPL-03) (3-12-21). The Directive lays-out OSHA’s policies and procedures...more

New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims

Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act...more

Biden OSHA Revises “Protecting Workers Guidance” on Mitigating and Preventing the Spread of COVID-19

Seyfarth Synopsis: Last week, President Biden directed OSHA to release clear guidance for employers to help keep workers safe from COVID-19 exposure. On January 29, 2021, OSHA issued “Protecting Workers: Guidance on...more

USW Official James Frederick Selected as Deputy Assistant Secretary at OSHA

Seyfarth Synopsis: Frederick will take over as the No. 2 official at OSHA, after having already spent 25 years as the top investigator at the United Steelworkers union’s health, safety, and environment department. In that job...more

Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties....more

President-Elect Biden Selects Boston Mayor Marty Walsh as Labor Secretary

Seyfarth Synopsis: If confirmed as Labor Secretary, past union leader, Mayor Marty Walsh, would succeed former corporate employment attorney, Eugene Scalia. Secretary Scalia has been criticized by organized labor and other...more

New FAA Rule May Expand Use of Drones in OSHA Inspections

Seyfarth Synopsis: On December 28, 2020, the Department of Transportation, Federal Aviation Administration, announced a final rule governing the “Operation of Small Unmanned Aircraft Systems Over People.” This new rule could...more

What to Expect from OSHA in a Biden Administration

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...more

Oregon OSHA Issues COVID-19 Temporary Rule

Seyfarth Synopsis: Oregon OSHA finalized its COVID-19 temporary rule, OAR 437-001-0744, Addressing COVID-19 Workplace Risks, on November 6, 2020, with most provisions effective as of November 16, 2020; the rule sunsets on May...more

Managing Post-Accident Communications – Preserving Legal Privileges and Limiting Liability

Hopefully most employers will never experience a serious workplace accident involving personal injury, property damage or both. This article will provide recommendations for an employer to respond in a forthright manner while...more

OSHA Publishes New Guidance on Use of Cloth Face Coverings and Heat Illness Prevention

Seyfarth Synopsis: In two recent guidance documents, OSHA recommends that employers encourage workers to wear cloth face coverings to reduce the spread of COVID-19. OSHA further addresses the challenges posed by cloth face...more

The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

Seyfarth Synopsis: With Hurricane Laura drenching the Gulf Coast, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and re-building....more

CDC Guidance on Workplace Violence in Retail Associated with COVID-19, Customer Face Mask Enforcement

Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

OSHA Updates FAQs on Face Masks in the Workplace

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has updated its frequently asked questions and answers to advise employers about the use of face masks in the workplace....more

Heat Illness – A Phantom Menace: Sweatt Blogs on Safety Measures and Heat Illness in the Workplace

Seyfarth Synopsis: OSHA Administrator Loren Sweatt recently blogged related to heat illness in the workplace as “forecasters are calling for above-average heat in some parts of the country and scorching temperatures in July...more

OSHA Issues New Guidance As Non-Essential Businesses Reopen and Employees Return to Work

Seyfarth Synopsis: Occupational Safety and Health Administration (OSHA) has issued Guidance to assist employers reopening non-essential businesses ensure the safety of their employees and the public during the evolving...more

OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations

Seyfarth Synopsis: OSHA issued its first COVID-19 citation to a Georgia nursing home. The citation alleges a failure to report within 24-hours a work-related incident resulting in hospital admissions....more

OSHA Issues Revised Enforcement Guidance for Recordingkeeping of COVID-19 Cases

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has adopted a Revised Enforcement Guidance for Recording Cases of COVID-19. Under the OSHA regulations and the revised guidance, most cases of...more

OSHA Issues Updated Interim Enforcement Response Plan for Coronavirus Disease

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has adopted an Updated Interim Enforcement Response Plan for Coronavirus Disease (ERP). Now, as states begin reopening their economies, the...more

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