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New FAA Rule May Expand Use of Drones in OSHA Inspections

Seyfarth Synopsis: On December 28, 2020, the Department of Transportation, Federal Aviation Administration, announced a final rule governing the “Operation of Small Unmanned Aircraft Systems Over People.” This new rule could...more

Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking

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

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

CDC Revises Guidance to Reduce COVID-19 Quarantine Time

Seyfarth Synopsis: The Centers for Disease Control and Prevention has just released revised guidance on quarantine time allowing for two quarantine options in addition to the standard 14 day quarantine....more

CDC Updates FAQs on Face Coverings – Now Recommending Use to Also Protect the Wearer

Seyfarth Synopsis: The Centers for Disease Control and Prevention (CDC) has updated its original recommendation for all people to wear cloth face coverings when in public and around other people, now acknowledging that face...more

Oregon Decriminalizes Hard Drug Possession

Seyfarth Synopsis: Oregon became the first state to decriminalize the personal possession of illegal drugs, including cocaine, heroin, oxycodone, and methamphetamine....more

NSC Publishes Benchmarking Report on COVID-19 Safety Practices Implemented in Business and Industry

Seyfarth Synopsis: A new report from the National Safety Council (NSC), State of the Response: Employer Actions to Address the Pandemic, provides an overview of how employers have been responding to the COVID-19 pandemic....more

Don’t Be Late — Missed Deadlines and Late Appeals of OSHA Citations During the Pandemic

Seyfarth Synopsis: The 15-day statutory deadline to contest federal OSHA citations has been the subject of recent litigation in the 5th and 11th Circuits and before the Occupational Safety and Health Review Commission. In...more

CDC Expands Definition of “Close Contact” to Include Contact Within Six Feet for 15 Minutes or More, With Minutes Aggregated Over...

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

Michigan Supreme Court Rules on Governor’s COVID-19 Orders

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

Stay Tuned – California OSH Standards Board Moves Forward with New COVID-19 Emergency Temporary Standard

Seyfarth Synopsis: On September 17, 2020, as the COVID-19 pandemic continued, Cal/OSHA’s Occupational Safety and Health Standards Board voted unanimously to draft a COVID-19 temporary emergency standard and a permanent...more

CDC Issues Updated Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation Due to COVID-19

Seyfarth Synopsis: CDC explains that the shutdown or reduced operation of a building and reductions in normal water use can create hazards for returning occupants. It recommends in its updated Guidance for Reopening Buildings...more

OSHA Publishes New Guidance on Use of Cloth Face Coverings and Heat Illness Prevention

Seyfarth Synopsis: In two recent guidance documents, OSHA recommends that employers encourage workers to wear cloth face coverings to reduce the spread of COVID-19. OSHA further addresses the challenges posed by cloth face...more

Cal/OSHA Cites Food Manufacturer and its Staffing Firm for Failing to Protect Hundreds of Workers from COVID-19 Exposure

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

Cal/OSHA Announces Citations to Multiple Employers for COVID-19 Violations

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

The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

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

CDC Guidance on Workplace Violence in Retail Associated with COVID-19, Customer Face Mask Enforcement

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

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules

Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review...more

Virginia Adopts Emergency Workplace Safety Regulations

Seyfarth Synopsis: In late May, Virginia Governor Ralph Northam directed the state’s Department of Labor and Industry (DLI) to develop emergency temporary standards to prevent workplace exposure to COVID-19. Those rules were...more

OSHA Updates FAQs on Face Masks in the Workplace

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has updated its frequently asked questions and answers to advise employers about the use of face masks in the workplace....more

EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and...more

EPA Ends Enforcement Discretion Policy for COVID-19 Pandemic on August 31

Seyfarth Synopsis: On June 29, 2020, U.S. Environmental Protection Agency (EPA) issued a memorandum regarding termination of the COVID-19 temporary enforcement policy. EPA has selected August 31, 2020 as the termination date...more

Heat Illness – A Phantom Menace: Sweatt Blogs on Safety Measures and Heat Illness in the Workplace

Seyfarth Synopsis: OSHA Administrator Loren Sweatt recently blogged related to heat illness in the workplace as “forecasters are calling for above-average heat in some parts of the country and scorching temperatures in July...more

OSHA Issues New Guidance As Non-Essential Businesses Reopen and Employees Return to Work

Seyfarth Synopsis: Occupational Safety and Health Administration (OSHA) has issued Guidance to assist employers reopening non-essential businesses ensure the safety of their employees and the public during the evolving...more

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