Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more
3/5/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Enforcement Guidance ,
Hiring & Firing ,
Infectious Diseases ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
OSHA ,
OSHRC ,
Personal Protective Equipment ,
Public Health ,
Risk Management ,
Severe Violators Enforcement Program (SVEP) ,
Silica ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: As an early and aggressive response to potential threats related to the novel coronavirus disease, now identified as COVID-19, the United States Environmental Protection Agency (EPA) activated its Emerging...more
3/3/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
Pesticides ,
Policies and Procedures ,
Public Health ,
Regulatory Requirements ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: Cal/OSHA has issued guidance on protecting workers from exposure to 2019 Novel Coronavirus (2019-nCoV or Coronavirus)....more
2/6/2020
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Emergency Management Plans ,
Emergency Response ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties. The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020)....more
1/27/2020
/ Civil Monetary Penalty ,
Coal Industry ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Health and Safety ,
Inflation Adjustments ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Statutory Violations ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work...more
1/22/2020
/ Bodily Injury ,
Citations ,
Construction Project ,
Construction Workers ,
Contractors ,
Employer Liability Issues ,
Fines ,
Labor Law Violations ,
OSHA ,
Penalties ,
Reputation Management ,
Safety Inspections ,
Safety Violations ,
Severe Violators Enforcement Program (SVEP) ,
Slip and Fall ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in specific industries with...more
1/13/2020
/ Bodily Injury ,
Construction Workers ,
Deadlines ,
Electronic Filing ,
Employer Liability Issues ,
Filing Deadlines ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: OSHA recently updated its National Emphasis Program on Amputations in Manufacturing Industries (NEP), adding a targeting methodology for industries with high employer-reported amputation statistics....more
1/3/2020
/ Agribusiness ,
Bodily Injury ,
Bureau of Labor Statistics ,
Employee Training ,
Employer Liability Issues ,
Food Manufacturers ,
Health & Safety Standard ,
Inspection Rights ,
Inspections ,
Manufacturer Liability ,
Manufacturers ,
Manufacturing Equipment ,
Manufacturing Facilities ,
NAICS ,
Occupational Exposure ,
OSHA ,
Policies and Procedures ,
Safety Inspections ,
Safety Training ,
Strict Compliance ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more
10/21/2019
/ Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Distracted Driving ,
Employer Liability Issues ,
FMCSA ,
Mobile Device Management ,
Motor Carriers ,
Negligence ,
Texting ,
Trucking Accident ,
Trucking Industry ,
Trucking Regulations
Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving.
OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.” ...more
10/16/2019
/ Car Accident ,
Distracted Driving ,
Employer Liability Issues ,
Mobile Device Management ,
Negligence ,
OSHA ,
Risk Management ,
Tort ,
Traveling Employee ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and...more
10/14/2019
/ Administrative Agencies ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
New Guidance ,
OMB ,
OSHA ,
Public Access Laws ,
Regulatory Agencies ,
Regulatory Reform ,
Transparency ,
Trump Administration
Seyfarth Synopsis: The FCC has proposed new rules that would require employers to have compliant phones systems for 911 direct dialing....more
Seyfarth Synopsis: Federal OSHA has put grain handling safety right up-front on its main homepage. OSHA wants you to “learn how to stay safe during grain handling operations.”...more
Seyfarth Synopsis: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to “hours of service” (HOS) rules to...more
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: The National Institute for Occupational Safety and Health (NIOSH) recently released its Behind the Wheel at Work Newsletter with the “latest news from the NIOSH Center for Motor Vehicle Safety.”...more
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