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
Seyfarth Synopsis: On April 10, 2020, OSHA released new interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to recording occupational illnesses,...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more
4/16/2020
/ CERCLA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Force Majeure Clause ,
RCRA ,
Relief Measures ,
Superfund ,
Toxic Substances Control Act (TSCA)
Seyfarth Synopsis: OSHA just released a new poster for employers that lists things that can be done to minimize workers’ risk of exposure to the coronavirus....more
Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws. Employees who refuse to perform job functions may also be...more
Seyfarth Synopsis: U.S. Environmental Protection Agency (EPA), in support of the U.S. Government’s overall response to the COVID-19 pandemic, has announced a temporary enforcement discretion policy regarding environmental...more
Seyfarth Synopsis: OSHA’s enforcement budget increase to drive increase in 2021 inspections. ...more
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: 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: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more
2/20/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Employment Policies ,
Farm Bill ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Medical Marijuana ,
Regulatory Oversight ,
Regulatory Requirements ,
Safety Standards ,
Workplace Safety
Seyfarth Synopsis: In our third installment in where the potential Presidential candidates stand on key labor and future of work issues, we focus on the candidates’ positions on minimum wage....more
2/18/2020
/ Bernie Sanders ,
Elizabeth Warren ,
Federal Labor Laws ,
Joe Biden ,
Michael Bloomberg ,
Minimum Wage ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Tipped Employees ,
Trump Administration ,
Wage and Hour ,
Wages
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: In its introduction to its New Active shooter training materials, the Illinois State Police note that “civilians that are present at any given incident are the true first responders.”...more
2/5/2020
/ Emergency Management Plans ,
Employer Liability Issues ,
First Responders ,
Health and Safety ,
Hostile Environment ,
Law Enforcement ,
Mass Shootings ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
Shootings ,
Training ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
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 U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, threshold...more
1/23/2020
/ CERCLA ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
National Emissions Standards ,
Proposed Regulation ,
Public Safety ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Threshold Requirements ,
Toxic Chemicals ,
U.S. Chemical Safety and Hazard Investigation Board (CSB) ,
Workplace Safety
Seyfarth Synopsis: First American case reported of deadly new Chinese coronavirus.
The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel...more
1/22/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Public Health ,
Risk Management ,
Workers' Compensation Claim ,
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: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s...more
1/20/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Manufacturers ,
Manufacturing Facilities ,
NDAA ,
New Legislation ,
Occupational Exposure ,
PFAS ,
Pollution Control ,
Public Comment ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Threshold Requirements ,
Toxic Chemicals ,
Toxic Exposure ,
Waste Disposal ,
Workplace Safety
Seyfarth Synopsis: The DOL has published its 2020 increases to OSHA civil penalties.
We have blogged previously about the U.S. Department of Labor’s (DOL) annual adjustments to the maximum civil penalty dollar amounts for...more
Seyfarth Synopsis: The Cal/OSH Standards Board will vote this week on a proposed standard requiring employers to provide their employees and employee representatives access to the company’s Injury and Illness Prevention...more
1/14/2020
/ Cal-OSHA ,
Construction Workers ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
OSHA ,
Reasonable Prevention Procedures ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Union Representatives ,
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: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more
1/6/2020
/ Administrative Interpretation ,
Agricultural Workers ,
Bodily Injury ,
Construction Project ,
Construction Site ,
Construction Workers ,
Employer Liability Issues ,
Excessive Noise ,
Federal Labor Laws ,
Negligence ,
OSHA ,
Project Management ,
Safety Precautions ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
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 U.S. Bureau of Labor Statistics (BLS) recently released its annual National Census of Fatal Occupational Injuries (National Census), concluding that the fatal work injury rate in 2018 remained at 3.5...more
1/2/2020
/ Bureau of Labor Statistics ,
Employee Training ,
Employer Liability Issues ,
Full-Time Employees ,
Labor Standards Enforcement ,
Occupational Exposure ,
OSHA ,
Safety Standards ,
Slip and Fall ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence ,
Wrongful Death
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
12/24/2019
/ Agribusiness ,
Air Quality Standards ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Department of Environmental Protection ,
Dispensaries ,
Electricity ,
Energy Efficiency ,
Environmental Liability ,
Farms ,
Hazardous Waste ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Interstate Commerce ,
Land-Use Permits ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
National Emissions Standards ,
Nuisance ,
Pesticides ,
Popular ,
Product Packaging ,
Recreational Use ,
Recycling ,
Regulatory Oversight ,
Retail Market ,
Toxic Chemicals ,
Volatile Organic Compounds (VOC) ,
Waste ,
Waste Disposal ,
Water Usage