Seyfarth Synopsis: Jordan Barab, former Deputy Assistant Secretary of OSHA, announced on his blog this week that he would “start full time work at the Education and Labor Committee in the House of Representatives” to provide...more
Seyfarth Synopsis: OSHA has recently issued a Frequently Asked Questions for General Industry for the Respirable Crystalline Silica Standard.
We had noted previously in the blog that most of the provisions of the...more
Seyfarth Synopsis: OSHA has just been sued for removing the requirements for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and...more
2/11/2019
/ Department of Labor (DOL) ,
Deregulation ,
Electronic Filing ,
Employer Liability Issues ,
Final Rules ,
OSHA ,
Regulatory Reform ,
Reporting Requirements ,
Rollbacks ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: OSHA has just issued its final rule that removes the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and...more
Seyfarth Synopsis: The DOL has published its 2019 OSHA civil penalties.
We had blogged previously about the U.S. Department of Labor’s (DOL) 2018 adjustments to the maximum civil penalty dollar amounts for OSHA violations....more
Seyfarth Synopsis: With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding....more
9/11/2018
/ Emergency Management Plans ,
Employer Liability Issues ,
Hazardous Substances ,
Hurricane Season ,
Mandatory Evacuation ,
Natural Disasters ,
OSHA ,
Policies and Procedures ,
Public Health ,
Public Safety ,
Severe Weather ,
Wage and Hour ,
Workplace Hazards ,
Workplace Safety
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: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace...more
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