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OSHA Adopts COVID-19 National Emphasis Program

Seyfarth Synopsis: On March 12, 2021, OSHA published its COVID-19 National Emphasis Program – Coronavirus Disease 2019 (COVID-19), DIR 2021-01(CPL-03) (3-12-21). The Directive lays-out OSHA’s policies and procedures...more

So Your Employee Got Their COVID-19 Vaccination – What does that Mean for Inter-Personal Relations With Other Employees, Clients,...

Seyfarth Synopsis: Now, after more than 80 million vaccine doses have been given out in the US, and having weathered a year of Zoom-only visits with fellow employees, clients, and customers, those who have been vaccinated are...more

New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims

Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act...more

Biden OSHA Revises “Protecting Workers Guidance” on Mitigating and Preventing the Spread of COVID-19

Seyfarth Synopsis: Last week, President Biden directed OSHA to release clear guidance for employers to help keep workers safe from COVID-19 exposure. On January 29, 2021, OSHA issued “Protecting Workers: Guidance on...more

USW Official James Frederick Selected as Deputy Assistant Secretary at OSHA

Seyfarth Synopsis: Frederick will take over as the No. 2 official at OSHA, after having already spent 25 years as the top investigator at the United Steelworkers union’s health, safety, and environment department. In that job...more

Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties....more

President-Elect Biden Selects Boston Mayor Marty Walsh as Labor Secretary

Seyfarth Synopsis: If confirmed as Labor Secretary, past union leader, Mayor Marty Walsh, would succeed former corporate employment attorney, Eugene Scalia. Secretary Scalia has been criticized by organized labor and other...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

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

What to Expect from OSHA in a Biden Administration

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...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

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

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

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

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

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

DC Circuit Court Denies Union’s Suit Against OSHA to Force Emergency Temporary Worker Safety Standard

Seyfarth Synopsis: The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) had brought suit in the D.C. Circuit Court of Appeals against the U.S. Occupational Safety and Health Administration,...more

DOL Issues FAQs About Face Coverings, Surgical Masks, and Respirators in the Workplace

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has released a series of frequently asked questions and answers regarding the use of masks in the workplace to assist the regulated community....more

OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations

Seyfarth Synopsis: OSHA issued its first COVID-19 citation to a Georgia nursing home. The citation alleges a failure to report within 24-hours a work-related incident resulting in hospital admissions....more

OSHA Issues Revised Enforcement Guidance for Recordingkeeping of COVID-19 Cases

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has adopted a Revised Enforcement Guidance for Recording Cases of COVID-19. Under the OSHA regulations and the revised guidance, most cases of...more

OSHA Issues Updated Interim Enforcement Response Plan for Coronavirus Disease

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has adopted an Updated Interim Enforcement Response Plan for Coronavirus Disease (ERP). Now, as states begin reopening their economies, the...more

WA DOSH Issues Emergency COVID-19 Safety Rule Mandating Compliance with Emergency Proclamation and Safe Start Reopening Guidance

Seyfarth Synopsis: The State of Washington’s Division of Occupational Safety and Health (DOSH) just enacted Emergency COVID-19 Safety Rules on “Prohibited Business Activities and Conditions for Operations.”...more

Judge Dismisses Lawsuit Seeking to Enjoin Employer to Implement Additional Safety Measures

Seyfarth Synopsis: In Rural Community Worker’s Alliance et al v. Smithfield Foods, Inc. et al., No. 5:20-cv-6063 (W.D. Mo. May 5, 2020), Western District of Missouri Judge Greg Kays granted Smithfield’s motion to dismiss...more

Heat Illness Strikes Back: Return to Work’s Untold Story

Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out of practice on workplace safety procedures, and may have...more

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