Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more
3/6/2020
/ American Bar Association (ABA) ,
Coronavirus/COVID-19 ,
Drones ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
OSHA ,
Popular ,
Safety Inspections ,
Workers' Compensation Claim ,
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: 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 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: 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: A unique element of Cal/OSHA is its requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203....more
12/30/2019
/ Cal-OSHA ,
Corporate Counsel ,
Emergency Response ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
OSHA ,
Reasonable Prevention Procedures ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
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
Seyfarth Synopsis: One of the unique elements of Cal/OSHA is a requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203....more
12/18/2019
/ Cal-OSHA ,
Employer Liability Issues ,
Health and Safety ,
OSHA ,
Reporting Requirements ,
Risk Management ,
State and Local Government ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Effective January 1, 2020, Cal/OSHA is revising its injury reporting obligations to be more aligned with the injury reporting obligations under federal OSHA....more
12/13/2019
/ Cal-OSHA ,
Employer Liability Issues ,
Health and Safety ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke..
With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more
10/29/2019
/ Air Quality Standards ,
Cal-OSHA ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Risk Management ,
State and Local Government ,
Toxic Exposure ,
Wildfires ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
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: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers....more
Seyfarth Synopsis: As the mercury rises, California employers must comply with regulatory requirements to keep their employees cool. Employers should be aware of Cal/OSHA’s existing requirements for outdoor workplaces and...more
Seyfarth Synopsis: On November 6, 2018, the California Office of Administrative Law approved Cal/OSHA’s emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. Covered...more
Seyfarth Synopsis: CalOSHA published a news release TODAY, on a new emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. ...more
Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more
10/9/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Adverse Employment Action ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Energy Sector ,
Hiring & Firing ,
Internal Investigations ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Protected Activity ,
Retaliation ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
Seyfarth Synopsis: Last week, Governor Brown signed into law Assembly Bill No. 2334, Occupational Injuries and Illness, Employer Reporting Requirements, and Electronic Submission....more
MSHA just announced a Request for Information (RFI) on safety improvement technologies for mobile equipment and for belt conveyors, both at surface mines. 83 Fed. Reg. 29716 (June 26, 2018)....more
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
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
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
We continue to attend the ABA Occupational Safety and Health Law Meeting this week in Santa Monica, California.
A hot topic, discussed at yesterdays meeting, is sexual harassment in the workplace....more
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting....more