James Curtis at Seyfarth Shaw LLP

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

12/20/2017 / Electronic Filing , Employer Liability Issues , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury , Workplace Safety

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

12/15/2017 / Administrative Agencies , Administrative Appointments , OSHA , Presidential Appointments , Senate Committees , Trump Administration , Workplace Safety

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

12/13/2017 / Administrative Agencies , Administrative Appointments , OSHA , Presidential Appointments , Senate Committees , Trump Administration , Workplace Safety

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

12/5/2017 / Employee Training , Employer Liability Issues , Health Care Providers , OSHA , Risk Management , Workplace Hazards , Workplace Injury , Workplace Safety

OSHA Intends To “Reconsider, Revise, Or Remove Portions” Of Injury And Illness E-Reporting Rule Next Year

Seyfarth Synopsis: OSHA’s has indicated in a news release that it “intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions” of the “Improve Tracking of Workplace Injuries and Illnesses”...more

12/1/2017 / Electronic Filing , Employer Liability Issues , NPRM , OSHA , Reporting Requirements , Workplace Injury , Workplace Safety

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

11/29/2017 / Administrative Agencies , Administrative Appointments , OSHA , Presidential Appointments , Senate Confirmation Hearings , Trump Administration , Workplace Safety

OSHA Extends E-Reporting Deadline To December 15, 2017

Synopsis: As most employers probably know by now, OSHA’s revised recordkeeping rule requires certain employers to electronically file injury and illness data with OSHA. Originally the reporting deadline was July 1, 2017....more

11/27/2017 / Electronic Filing , Employer Liability Issues , Filing Deadlines , OSHA , Reporting Requirements , Time Extensions , Workplace Injury , Workplace Safety

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

10/31/2017 / Administrative Appointments , Nominations , OSHA , Regulatory Oversight , Trump Administration , Workplace Injury , Workplace Safety

Click for Backup: New Ordinance Requires Chicago Hotels to Provide Staff with “Panic Buttons”

Seyfarth Synopsis: On October 11, 2017, the Chicago City Council passed an ordinance that will require Chicago hotels to provide certain staff with “panic buttons” and develop enhanced anti-sexual harassment policies....more

10/26/2017 / General Duty Clause , Hospitality Industry , Hotels , Local Ordinance , OSHA , Sexual Assault , Sexual Harassment , Workplace Safety

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

9/28/2017 / Airlines , Airports , Department of Homeland Security (DHS) , Emergency Management Plans , Federal Aviation Administration (FAA) , Incident Response Plans , Mass Shootings , Public Safety , Safety Precautions , Workplace Safety

After the Rain: Disaster Recovery and Employee Safety Following Hurricane Harvey

Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...more

9/1/2017 / Emergency Management Plans , Employee Rights , Hazardous Waste , Hurricane Harvey , Hurricane Season , Natural Disasters , OSHA , Severe Weather , Workplace Safety

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

8/21/2017 / Construction Industry , Employer Liability Issues , Employment Litigation , Health & Safety Standard , Occupational Exposure , OSHA , Workplace Hazards , Workplace Injury , Workplace Safety

OSHA Delays Electronic Filing Date for Injury and Illness Records Until December 1, 2017

Seyfarth Synopsis: OSHA has proposed to delay the reporting compliance deadline, until December 1, 2017, for certain employers to electronically file injury and illness data....more

6/28/2017 / Delays , Electronic Filing , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

6/20/2017 / Administrative Law Judge (ALJ) , Construction Industry , Employer Liability Issues , OSHA , OSHRC , Workplace Hazards

OSHA Schedules First “Safe + Sound Week”

Seyfarth Synopsis: OSHA is sponsoring a “Safe + Sound Week,” another example of a more cooperative approach to worker safety and health issues....more

6/9/2017 / Employer Liability Issues , OSHA , Risk Management , Workplace Hazards , Workplace Injury , Workplace Safety

Breaking News: OSHA Proposes to Delay Electronic Submission of Injury and Illness Records

Seyfarth Synopsis: OSHA has announced that it will be proposing a delay to the July 1, 2017 deadline for certain employers to electronically file injury and illness data....more

5/18/2017 / Corporate Counsel , Data Collection , Delays , Electronic Filing , Employer Liability Issues , OSHA , Reporting Requirements , Workplace Injury , Workplace Safety

OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on...more

5/10/2017 / Midnight Rules Relief , OSHA , Record Retention , Statute of Limitations , Volks Rule , Workplace Illness and Injury Reporting , Workplace Injury

OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation

Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers....more

5/3/2017 / Employer Liability Issues , NLRB , OSHA , Safety Inspections , Union Representatives , Unions , Workplace Safety

Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission

Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission....more

4/26/2017 / Administrative Appointments , Employer Liability Issues , Nominations , OSHA , OSHRC , Trump Administration , Workplace Safety

Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting...

Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more

4/6/2017 / Corporate Counsel , Department of Labor (DOL) , Drug Testing , Incentive Compensation , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury , Workplace Safety

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

3/6/2017 / Anti-Retaliation Provisions , Drug Testing , Legislative Agendas , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

2/14/2017 / Interpretive Letters , Lack of Authority , Motion to Dismiss , Non-Union , Notice and Comment , OSHA , Safety Inspections , Union Representatives , Workplace Investigations

OSHA Civil Penalties Going Up Again – Adopts 2017 Maximums

Seyfarth Synopsis: The DOL has published its 2017 OSHA civil penalties. We had blogged previously about the U.S. Department of Labor’s (DOL) 2016 adjustments to the maximum civil penalty dollar amounts for OSHA...more

1/19/2017 / Civil Monetary Penalty , Department of Labor (DOL) , Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 , OSHA , Workplace Safety

OSHA Publishes Recommended Practices for Anti-Retaliation Programs

Seyfarth Synopsis: Employers that are regulated under any of the 22 federal whistleblower protection laws are encouraged to review company policies, procedures, and training systems to examine conformity with this guidance....more

1/18/2017 / Amended Regulation , Anti-Retaliation Provisions , Employment Policies , OSHA , Public Comment , Whistleblower Protection Policies , Whistleblowers

OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And...

Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period. The Occupational Safety and Health...more

12/19/2016 / Employer Liability Issues , Final Rules , OSHA , Record Retention , Recordkeeping Requirements , Statute of Limitations , Workplace Illness and Injury Reporting

James Curtis

Seyfarth Shaw LLP

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