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The Slow and the Furious: OSHA’s Rulemakings Continue at Various Stages with Infectious Diseases a Priority

Seyfarth Synopsis: On May 25, 2022, Douglas Parker, Assistant Secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration, testified before the U.S. House Committee on Education and Labor’s...more

COVID-19 “Endemic” is Not Over: OSHA is Opening New COVID-19 Programmed Inspections

Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past....more

Conduct Guarding Analyses Under Attorney-Client Privilege! OSHA Issues Willful Violation after Uncorrected Alleged Guarding Issue...

Seyfarth Synopsis: A manufacturer was issued a “willful citation” for failure to correct a machine guarding deficiency identified in a previous audit....more

Welder’s Anthrax: Newly Identified Health Hazard Identified Among Employees Exposed to Welding Fumes

Seyfarth Synopsis: In a new journal article from the Centers for Disease Control and Prevention’s (CDC), National Institute for Occupational Safety and Health (NIOSH), and the Bacterial Special Pathogens Branch, researchers...more

Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States

Seyfarth Synopsis: OSHA has developed a new Regional Emphasis Program (REP) to identify and reduce hazards in the cut stone and stone products industry, which OSHA alleges to have the highest documented overexposures to...more

Arizona OSHA is on the Chopping Block: DOL Announces Proposal to Reconsider or Revoke Approval of Arizona’s State OSHA Plan

Seyfarth Synopsis: On April 20, 2022, the U.S. Department of Labor (DOL) announced a proposal to reconsider or revoke Arizona’s State OSHA plan, which may lead to federal OSHA takeover regulation of private employers in the...more

Vice President Harris Announces New OSHA Emphasis Program for Heat Illness

Seyfarth Synopsis: The federal Occupational Safety and Health Administration has launched a National Emphasis Program to protect “millions of workers from heat illness and injuries. Through the program, OSHA will conduct...more

Enter Sandman: Sleep and Occupational Safety at the Wheel

Seyfarth Synopsis: According to the Centers for Disease Control and Prevention (CDC), drowsy driving is not just a major problem in the United States, it is a public health crisis. “Drowsy driving is the dangerous combination...more

OSHA Aims to Boost Injury Reporting Rule Compliance with its Injury Tracking Application Enforcement Program

Seyfarth Synopsis: As we previously blogged, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking to expand requirements for employers to submit OSHA forms via its Injury Tracking...more

Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012,...more

The Empire Strikes Back: New Rule Will Require Many Employers To Submit More OSHA Forms Electronically

Seyfarth Synopsis: The Occupational Safety and Health Administration is proposing to amend its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to...more

CDC Publishes New Quarantine and Isolation Calculator

Seyfarth Synopsis: CDC’s new COVID-19 Quarantine and Isolation calculator “takes the stress out of deciding when, and for how long, individuals with COVID-19 and close contacts need to stay home, get tested, and wear a...more

Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the...more

Report From the Final Day of the 2022 ABA OSHA/MSHA Midwinter Meeting

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH...more

Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH...more

Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA...more

CDC Eases Pandemic Mask Guidelines

Seyfarth Synopsis: On Friday, February 25, 2022, the CDC significantly eased COVID-19 mask guidelines. The new guidelines are based on COVID-19 community levels....more

OSHA To Address Soaring Injury Rates at Healthcare Facilities

Seyfarth Synopsis: The U.S. Department of Labor reported today that “U.S. healthcare workers experienced a staggering 249 percent increase in injury and illness rates in 2020, based on employer-reported data, as they...more

OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022....more

Big Money: OSHA and EPA Civil Penalties Increase for 2022

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more

OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the...more

Latest Biden Administration Order Requires Some Employers to Pay for Cost of COVID Testing

Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden...more

Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100...more

New BLS Data Show Major Hazards Causing Occupational Fatalities in 2020

Seyfarth Synopsis: According to the Bureau of Labor Statistics, the number of fatal work injuries in 2020 was the lowest since 2013....more

CDC Amends Isolation and Quarantine Requirements for COVID-19 Amid Spread of Omicron Variant.

Seyfarth Synopsis: The CDC’s shorter isolation and quarantine requirements will allow employers to get many COVID-19 positive employees and exposed, unvaccinated employees back to work 5 days sooner. ...more

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