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Chevron Deference Under Attack At State Level

Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...more

Operators Beware! MSHA Issues Final Rule on Examinations of Working Places in Metal and Nonmetal Mines

Seyfarth Synopsis: MSHA just announced its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines. 83 Fed. Reg. 15055 (April 9, 2018). ...more

Drive Much? NIOSH Focus On Workplace Safety For Employees Who Drive For Their Job

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its results from a study conducted in 2016 and 2017 that looked at safety programs developed to prevent motor vehicle...more

California Hotel Workers Musculoskeletal Injury Prevention Regulation To Take Effect July 1, 2018

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

EPA Proposes Recycling Aerosol Cans As Universal Waste

Seyfarth Synopsis: EPA announces its proposal to streamline the regulation of hazardous waste aerosol cans by adding them to the list of materials that can be managed under the Universal Waste management system....more

OSHA Delays Enforcement Of Beryllium Standard Until May

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

District Court Upholds OSHA’s Refusal To Permit Compliance Officer’s Testimony In Personal Injury Case

Seyfarth Synopsis: OSHA may refuse to allow its compliance officers to testify in civil tort proceedings....more

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Cal/OSHA Drafts Rules For The Marijuana/Cannabis Industry And Heat Illness Prevention In Indoor Places Of Employment

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in...more

Cal/OSHA Drafts Rules For Workplace Violence Prevention In General Industry

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more

Business-Friendly Times – USDOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents....more

U.S. EPA Moves Program Responsibilities Back to Resource-Starved States

Seyfarth Synopsis: In a guidance document issued last week, U.S. EPA sets out to deliberately move environmental enforcement responsibilities back to the states. While this may, to local interests, represent a noble purpose,...more

EPA Withdraws “Once In Always In” Policy For Major HAP Sources

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more

Transportation And Workplace Violence Standout In Census Of 2016 Fatal Occupational Injuries

Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual...more

OSHA Removes List of “Workplace Fatalities” from its Website Home Page

Seyfarth Synopsis: In another example of OSHA’s refocus it has dropped from its home page the prominently placed listing of Worker Fatalities. ...more

EPA Adjusts For Inflation The Maximum Civil Penalties For Violations Of Environmental Statutes

Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018. The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...more

Mugno Nomination For OSHA Administrator Back Before The Senate

Seyfarth Synopsis: Due to Senate Rules, the Trump nomination of Scott A. Mugno, for the Assistant Secretary of Labor, Occupational Safety and Health, has now been “returned” to the Senate for consideration....more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

OSHA Civil Penalties Going Up Again – Adopts 2018 Maximums

Seyfarth Synopsis: The DOL has published its 2018 OSHA civil penalties. We had blogged previously about the U.S. Department of Labor’s (DOL) 2017 adjustments to the maximum civil penalty dollar amounts for OSHA violations....more

Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule

Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical...more

OSHA Accepting 2016 Electronically Submitted Injury, Illness Reports through December 31 AND Intends to Significantly Revise the...

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

Senate Nominations Committee Approves Trump Nomination For OSHA Administrator

Seyfarth Synopsis: The Senate Nominations Committee, during a December 13, 2017 meeting, approved the Trump nomination of Scott A. Mugno, for the Assistant Secretary of Labor, Occupational Safety and Health,....more

Senate Committee Set For December 13, 2017 Vote On Confirmation Of Trump Nomination For OSHA Administrator

Seyfarth Synopsis: The Senate Nominations Committee has scheduled a vote on the Trump nomination, Scott A. Mugno, for the Assistant Secretary of Labor, Occupational Safety and Health....more

Multinational Company in China – Are You Concerned About the Personal Credit System and Privacy Provisions in China? You Should...

Seyfarth Synopsis: The People’s Republic of China is making progress in implementing its mandatory “social credit system.” Multinational businesses in China should be watchful of this system, and ready for it when it rolls...more

EPA Determines No Need For Additional Superfund Financial Responsibility Rules For Hardrock Mining Industry

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more

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