In this program, our panelists will lead an interactive discussion on the trends we are seeing in OSHA regulation a year into the Trump administration. Employers’ expectations for a more business-friendly Agency have not...more
OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a temporary employee’s safety and health in two new guidance documents relating to respiratory...more
Seyfarth Synopsis: Due to the increased use of robotics and computer automation for many job functions that have historically been performed by employees raises, besides the traditional personnel and employment issues, a host...more
Seyfarth Synopsis: To be compliant, employers in State Plans that have not yet adopted OSHA’s new rule for electronic filing of injury data for Calendar Year 2017, are required to file in the federal OSHA database....more
Seyfarth Synopsis: OSHA’s has indicated in a news release that it “will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on December 31, 2017.”...more
Seyfarth Synopsis: OSHA’s has indicated in a news release that it “intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions” of the “Improve Tracking of Workplace Injuries and Illnesses”...more
Synopsis: As most employers probably know by now, OSHA’s revised recordkeeping rule requires certain employers to electronically file injury and illness data with OSHA. Originally the reporting deadline was July 1, 2017....more
The White House announced on October 27th that it has nominated Scott A. Mugno to be the Assistant Secretary of Labor, Occupational Safety and Health. If confirmed, Mr. Mugno will serve as the Administrator of the federal...more
Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...more
Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more
Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers....more
Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more
Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment...more
1/17/2017
/ Anti-Retaliation Provisions ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Databases ,
Electronic Reporting ,
Fifth Amendment ,
First Amendment ,
Lack of Authority ,
OSHA ,
Reporting Requirements ,
Workplace Safety
Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly...more
Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California...more
11/4/2016
/ Cal-OSHA ,
Citations ,
Employer Liability Issues ,
Federal v State Law Application ,
Labor Law Violations ,
Look-Back Measurement Period ,
OSHA ,
Penalties ,
Repeat Violations ,
Workplace Investigations ,
Workplace Safety
Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.
The U.S....more
10/24/2016
/ Chemicals ,
Corporate Counsel ,
Exemptions ,
Farm Supplies ,
Farms ,
Hazardous Substances ,
Interpretive Rule ,
Notice and Comment ,
OSHA ,
Process Safety Management ,
Retail Sales ,
Rulemaking Process ,
Safety Standards ,
Trade Associations ,
Vacated
Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more
Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more
8/16/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Administrative Review Board ,
Appeals ,
Back Pay ,
Commercial Truck Drivers ,
Corporate Counsel ,
Hiring & Firing ,
OSHA ,
Protected Activity ,
Public Safety ,
Reinstatement ,
Retaliation ,
Standard of Review ,
Surface Transportation Assistance Act (STAA) ,
Trucking Industry ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more
7/15/2016
/ Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
OSHA ,
Popular ,
Restitution ,
Safety Equipment ,
Safety Training ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for temporary employee’s safety and health in two new guidance documents...more
Seyfarth Synopsis: OSHA Interim Guidance recommends that all employers develop and implement policies to deal with Zika virus.
What is Zika?
The Zika virus disease (Zika) primarily is spread through the bites of...more
Beginning January 1, 2015, OSHA changed its injury reporting rules to require employees to report to OSHA certain severe injuries and employee hospitalization within 24 hours. We have previously blogged about that change in...more