Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020. Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of...more
4/30/2019
/ Chemical Safety Board ,
Combustible Dust ,
Cooperative Compliance Regime ,
Manufacturing Facilities ,
OSHA ,
Policies and Procedures ,
Regulatory Standards ,
Safety Standards ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The DOL Inspector General recently issued an audit report that “OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed,” Report No. 02-19-001-10-105 (March 28, 2019)....more
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more
3/27/2019
/ Administrative Law Judge (ALJ) ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Healthcare ,
Home Healthcare Workers ,
Hostile Environment ,
Mass Shootings ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: According to several states that have sued the Occupational Safety and Health Administration in Federal Court, the Agency did not provide sufficient justification to rollback the electronic reporting rule...more
We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more
3/11/2019
/ Administrative Law Judge (ALJ) ,
Construction Industry ,
Employer Liability Issues ,
Health & Safety Standard ,
OSH Act ,
OSHA ,
Regulatory Oversight ,
Regulatory Requirements ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. ...more
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more
3/7/2019
/ Beryllium Exposure ,
Emergency Management Plans ,
Employer Liability Issues ,
Health & Safety Standard ,
Mandatory Evacuation ,
Occupational Exposure ,
OSHA ,
Safety Violations ,
Silica ,
Whistleblowers ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through. ...more
2/21/2019
/ Construction Project ,
Depositions ,
Employer Liability Issues ,
Evidence ,
False Testimony ,
Government Investigations ,
OSHA ,
Perjury ,
Safety Inspections ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019)....more
2/15/2019
/ Civil Rights Act ,
Employer Liability Issues ,
General Duty Clause ,
Healthcare Facilities ,
Healthcare Workers ,
Hostile Environment ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
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
Employers should be aware that OSHA and some state environmental agencies are now using unmanned aircraft systems (UAS) or “drones” in select inspections and investigations. ...more
Seyfarth Synopsis: OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or...more
12/12/2018
/ Construction Project ,
Employer Liability Issues ,
Excavation ,
Inspection Rights ,
Negligence ,
OSHA ,
Safety Inspections ,
Safety Laws ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has initiated a Site-Specific Targeting 2016 (SST-16) Program using the injury and illness information electronically submitted by employers to...more
Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on...more
OSHA recently released new publications directed towards safety professionals and managers. The publications offer guidance on what to look for during worksite safety check walk-arounds. In addition, OSHA suggests that the...more
Seyfarth Synopsis: The Centers for Disease Control and Prevention’s (CDC) recent report indicates that vector-borne diseases are a rising causes of illness for outdoor workers in the United States. ...more
OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview. 83 Fed. Reg....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: On March 9, 2018, the California Office of Administrative Law approved the new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement...more
Seyfarth Synopsis: The Occupational Safety and Health Administration announced that it is pushing back the effective date of parts of the rule limiting workers’ exposure to beryllium until May, while it negotiates with...more
3/8/2018
/ Beryllium Exposure ,
Construction Industry ,
Delays ,
Employer Liability Issues ,
Health & Safety Standard ,
Manufacturers ,
Occupational Exposure ,
OSHA ,
Shipyard Industry ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
We continue to attend the ABA Occupational Safety and Health Law Meeting this week in Santa Monica, California.
A hot topic, discussed at yesterdays meeting, is sexual harassment in the workplace....more
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting....more