Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational...more
Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...more
Seyfarth Synopsis: Oregon OSHA finalized its COVID-19 temporary rule, OAR 437-001-0744, Addressing COVID-19 Workplace Risks, on November 6, 2020, with most provisions effective as of November 16, 2020; the rule sunsets on May...more
Seyfarth Synopsis: Michigan OSHA (MIOSHA) enacted COVID-19 emergency rules on October 14, 2020, less than two weeks after the Michigan Supreme Court’s October 2 ruling invalidated many of Governor Gretchen Whitmer’s COVID-19...more
Seyfarth Synopsis: The CDC continues to expand its guidance on the potential routes of COVID-19 transmission, changing its definition of “close contact” of 15 minutes or more within 6 feet, to now mean 15 minutes aggregated...more
Seyfarth Synopsis: The Michigan Supreme Court recently ruled that Michigan Governor Whitmer lacked the authority to declare a “state of emergency” or a “state of disaster” beyond April 30, 2020, and that the authority...more
Seyfarth Synopsis: Cal/OSHA, in a press release, noted that it recently issued citations to a food manufacturer and its temporary employment agency, with over $200,000 in proposed penalties to each employer for “failing to...more
Seyfarth Synopsis: Cal/OSHA announced that it has cited eleven employers for not protecting employees from COVID-19 exposure during inspections of industries where workers have an elevated risk of exposure. The industries...more
Seyfarth Synopsis: With Hurricane Laura drenching the Gulf Coast, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and re-building....more
Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more
8/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
General Duty Clause ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Retail Workers ,
Retailers ,
Social Distancing ,
Workplace Violence
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
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
Seyfarth Synopsis: The Cal/OSH Standards Board has adopted provisions that require employers to provide a copies of their IIPPs upon employee requests....more
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
Mayor's Order 2020-063 (the “Order”), which took effect on April 17, 2020, extends the state of emergency and Public Health Emergency related to COVID-19 through May 15, 2020. In addition, the Order introduced several new...more
4/24/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Executive Orders ,
Food Supply ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Mayor Bowser ,
Operators of Essential Services ,
Public Health ,
Remote Working ,
Social Distancing
Many landlords of commercial and residential buildings in New York City have been looking into possible ways to address the health and safety of individuals at their premises. Although New York courts have not yet weighed in...more
4/23/2020
/ Banking Sector ,
Banks ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Financial Services Industry ,
Forbearance Agreements ,
Governor Cuomo ,
Healthcare ,
New York ,
NYDFS ,
Operators of Essential Services ,
Paid Leave ,
Quarantine ,
Retailers ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government
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
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
The coronavirus (COVID-19) pandemic has given rise to a bevy of questions for commercial landlords. As today’s workplaces have rapidly changed over the last several weeks, many landlords have been left wondering how they...more
3/31/2020
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Health and Safety ,
Landlords ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
Important for healthcare workers involved in the care of patients with known or suspected COVID-19, the CDC late last week changed it’s personal protective equipment (PPE) guidance in light of N95 respirator shortages. In...more
3/17/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
Centers for Disease Control and Prevention -
Coronavirus Disease 2019 (COVID-19) ...
Interim U.S. Guidance for Risk Assessment and Public Health Management of Healthcare Personnel with Potential Exposure in a Healthcare...more
3/17/2020
/ Administrative Agencies ,
Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Public Health ,
State and Local Government ,
World Health Organization
Seyfarth Synopsis: The WHO has officially declared COVID-19 to be a global “pandemic,” triggering new considerations for employers....more
3/13/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
Seyfarth Synopsis: OSHA has issued a new alert and guidance document on COVID-19 suggesting ways for employers to minimize and manage risks to their workforces....more
3/12/2020
/ Airline Employees ,
Aviation Industry ,
Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Waste Disposal ,
Workplace Safety
Seyfarth Synopsis: The United States Environmental Protection Agency (EPA) released a list of disinfectants to use against SARS-CoV-2, the novel coronavirus that causes COVID-19....more
3/9/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Risk Management ,
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
3/6/2020
/ American Bar Association (ABA) ,
Coronavirus/COVID-19 ,
Drones ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
OSHA ,
Popular ,
Safety Inspections ,
Workers' Compensation Claim ,
Workplace Safety