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Virginia Adopts Emergency Workplace Safety Regulations

Seyfarth Synopsis: In late May, Virginia Governor Ralph Northam directed the state’s Department of Labor and Industry (DLI) to develop emergency temporary standards to prevent workplace exposure to COVID-19. Those rules were...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

CDC Revises Symptoms List for Coronavirus (COVID-19) Screening

Seyfarth Synopsis: In the last two weeks, the CDC has updated the list of symptoms for COVID-19 on several occasions, eliminating the “two or more” list and adding “less common” symptoms and emergency warning signs....more

CDC and OSHA Issue COVID-19 Guidance for the Nursing Home Industry

Seyfarth Synopsis: OSHA issues specific guidance related to COVID-19 policies, administrative controls, engineering controls, personal protective equipment, and face masks....more

Cal/OSHA and Health Department Publish COVID-19 Guidance for Dine-in Restaurants

Seyfarth Synopsis: A new California State guidance provides direction for dine-in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries to provide a healthy and clean environment for workers and...more

Judge Dismisses Lawsuit Seeking to Enjoin Employer to Implement Additional Safety Measures

Seyfarth Synopsis: In Rural Community Worker’s Alliance et al v. Smithfield Foods, Inc. et al., No. 5:20-cv-6063 (W.D. Mo. May 5, 2020), Western District of Missouri Judge Greg Kays granted Smithfield’s motion to dismiss...more

Heat Illness Strikes Back: Return to Work’s Untold Story

Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out of practice on workplace safety procedures, and may have...more

President Issues Executive Order To Protect Continued Operation of Nation’s Meat Processors; OSHA Adopts Enforcement Discretion

Seyfarth Synopsis: Last week, the President issued an Executive Order under the Defense Production Act of 1950 to protect the continued operation of the nation’s meat and poultry processors during the current COVID-19...more

CDC and OSHA Issue Meat and Poultry Processing Industry COVID-19 Interim Guidance

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have jointly released coronavirus-related interim guidance for meatpacking and meat...more

Illinois Worker’s Compensation Emergency Rules Establishing Rebuttable Presumption for COVID-19 Have Been Withdrawn

Seyfarth Synopsis: After a Sangamon County Circuit Court temporarily blocked the Illinois Workers’ Compensation Commission’s (IWCC) emergency rule that created a rebuttable presumption that injured employees contracted...more

OSHA Issues COVID-19 Guidance for the Construction Workforce

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued an alert listing safety tips (guidance) employers can follow to help protect construction workers from exposure to the coronavirus....more

OSHA Issues Temporary Guidance on Using Enforcement Discretion During the Coronavirus Pandemic

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply with...more

OSHA Issues COVID-19 Guidance for the Package Delivery Employers

Seyfarth Synopsis: OSHA has issued a COVID-19 guidance for package delivery employers. OSHA offers recommendations to help reduce employees’ risk of exposure to the coronavirus, including administrative controls, hygiene...more

OSHA Issues COVID-19 Guidance for Retail Employers

Seyfarth Synopsis: OSHA has issued COVID-19 guidance for retail employers, including tips that can help reduce employees’ risk of exposure to the coronavirus. OSHA’s recommendations feature administrative controls, hygiene...more

OSHA Publishes Interim Enforcement Response Plan for COVID-19 Inspections

Seyfarth Synopsis: On April 13, 2020, OSHA released an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which is intended to provide instructions and guidance to Area Offices and compliance safety and...more

Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic

Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws.  Employees who refuse to perform job functions may also be...more

New CDC Facemask Guidance Raises Liability Issues

The Centers for Disease Control and Prevention (CDC) and Federal Occupational Safety and Health Administration (OSHA) have issued guidance documents to help employers minimize hazards of Coronavirus / COVID-19 exposures in...more

Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor...more

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