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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

Nothing To Sneeze At: Evaluating Employee Safety Protections In The Healthcare Industry

Seyfarth Synopsis: NIOSH reiterated last week that healthcare workers are exposed to a wide range of hazards on the job and healthcare employers may not be following best practices to protect against these hazards....more

More Coffee Please: CBP Rules That Coffee’s Country Of Origin Is Determined By Where Beans Are Roasted — Not Where Raw Beans...

Seyfarth Synopsis: U.S. Customs & Border Protection recently issued a Final Determination that the coffee roasting process “substantially transforms” raw coffee for purposes of country-of-origin determinations and U.S....more

Senate Hearing Scheduled On Trump Nomination For OSHA Administrator

Seyfarth Synopsis: Senate hearing scheduled for the White House pick, Scott A. Mugno, as the new Administrator of OSHA. We noted previously that the White House announced on October 27th that it had nominated Scott A....more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Senate Confirms Trump Selection For MSHA

Seyfarth Synopsis: President Trump’s selection for Administrator at MSHA has been confirmed this week by the Senate. In a 52-46 vote, David G. Zatezalo, of West Virginia, was confirmed by the U.S. Senate this week, on...more

OSHA Publishes “Small Entity Compliance” Guides for the Crystalline Silica Standards

Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry....more

Trump Nominates FedEx VP for Safety as OSHA Administrator

The White House announced on October 27th that it has nominated Scott A. Mugno to be the Assistant Secretary of Labor, Occupational Safety and Health. If confirmed, Mr. Mugno will serve as the Administrator of the federal...more

OSHA Review Commission Back in Business

Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems”...more

OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction

Seyfarth Synopsis: OSHA announced a thirty day phase-in for enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. The new rule will be fully effective by Monday, October 23, 2017....more

Airport Active Shooter Incident — What Can Happen in Just 15 Seconds, and What Business Needs to Know

Seyfarth Synopsis: A recent active shooter incident at an international airport illustrates both how quickly an incident may be over, yet how ancillary impacts take much longer to resolve. While the shooter was apprehended in...more

EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule

Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder...more

5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more

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