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: OSHA “strongly supports” EPA’s proposed updates to its existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act. The proposed changes seek to...more
11/8/2016
/ Chemical Safety for the 21st Century Act ,
Coal Industry ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Lautenberg Act ,
Manufacturing Facilities ,
NIOSH ,
OSHA ,
Protective Gear ,
Secretary of Labor ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Workplace Safety
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: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more
11/3/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitrary and Capricious ,
Blacklist ,
Constitutional Challenges ,
Davis-Bacon Act ,
Disclosure Requirements ,
EEO ,
Executive Orders ,
Executive Powers ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Free Speech ,
Labor Law Violations ,
NLRA ,
OSHA ,
Pay Transparency ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Reporting Requirements ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational...more
Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule.
We previously blogged that OSHA had again delayed, to December 1, 2016,...more
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date.
OSHA announced today that it has again delayed the...more
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA announced a three month delay in the rule’s effective date.
OSHA announced yesterday that it has...more
7/15/2016
/ Administrative Authority ,
Anti-Retaliation Provisions ,
Declaratory Judgments ,
Delays ,
Drug Testing ,
Employer Mandates ,
Incentives ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Injury
Seyfarth Synopsis: A lawsuit has been filed against OSHA challenging its May 2016 retaliation and recordkeeping rule.
We had blogged recently about the OSHA’s new rule on drug-testing, retaliation claims, and accident...more
Seyfarth Synopsis: OSHA finalized a 78% increase to per violation penalties.
In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil...more
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
The Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard.
We had previously...more
Expedited Hearings -
A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited...more
We are attending the ABA Occupational Safety and Health Law Meeting this week in Santa Barbara, California. This morning a hot topic is developments in OSHA’s enforcement programs and initiatives, including the “enforcement...more
The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and...more
The Occupational Safety & Health Administration recently issued its “Inspection Guidance for Poultry Slaughtering and Poultry Processing Establishments” (October 28, 2015).
OSHA explains in the Guidance that workers...more
OSHA announced on December 1, 2015, that it had issued a number of “strategies and tools” for preventing workplace violence in the healthcare setting.
The strategies and tools were contained in a new webpage, “Preventing...more
The National Institute for Occupational Safety and Health (NIOSH) has recently launched its National Center for Productive Aging and Work (Center).
The new “virtual center,” will focus on worker safety at all ages,...more
In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more
10/19/2015
/ Administrative Interpretation ,
Administrative Law Judge (ALJ) ,
Agency Deference ,
Appeals ,
Employer Liability Issues ,
Lathes ,
OSHA ,
OSHRC ,
Penalties ,
Secretary of Labor ,
Vacated
Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015.
The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...more
Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a...more
OSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices”...more