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FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations. The Federal...more

Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting

Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more

Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces

Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply! Despite a Congressional “request”...more

What to Expect From OSHA in a President-Elect Trump Administration

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly...more

OSHA Updates and Publishes “Top Ten” Most Frequently Cited Standards

Seyfarth Synopsis: OSHA just updated its annual list of the top ten cited standards. The list provides a starting point for employers reviewing their own safety programs. OSHA just announced the Agency’s annual listing...more

10/21/2016  /  OSHA , Safety Standards , Workplace Safety

National Organization for Onboarding and Training of New Employees Industry Wide in the Oil and Gas Industry Provides Example for...

Seyfarth Synopsis: The National STEPS Network provides a working model of an industry wide employee onboarding and safety training program. We attended the World Safety Organization International Environmental and...more

OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation

Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites. We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow...more

Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection. A District Court Magistrate Judge recently...more

OSHA Responds to Manufacturers’ Lawsuit on New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: OSHA asserts that its new injury illness reporting rule is fully within OSHA’s mandate. This is in follow-up to our earlier blog on OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses...more

OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review

Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more

U.S. Chemical Safety Board Provides Recommendations to Upgrade Employers’ Emergency Planning and Response Programs

Seyfarth Synopsis: U.S. Chemical Safety Board offers recommendations and best practices for chemical facilities regarding emergency planning and response programs....more

Wave of Shootings Puts Workplace Violence Back in the Spotlight

Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop...more

Wave of Shootings Puts Workplace Violence Back in the Spotlight

Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop...more

OSHA Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA announced a three month delay in the rule’s effective date. OSHA announced yesterday that it has...more

ATF Final Rule 41F – Background Checks for Responsible Persons

Seyfarth Synopsis: Going forward, ATF’s new rule on applications by a trust or legal entity to make or transfer NFA firearms, requires that they be submitted on new forms — including background checks. The Bureau of...more

Business Organizations Sue OSHA Over Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: A lawsuit has been filed against OSHA challenging its May 2016 retaliation and recordkeeping rule. We had blogged recently about the OSHA’s new rule on drug-testing, retaliation claims, and accident...more

OSHA – Injury to Intoxicated Employee is Recordable

Seyfarth Synopsis: An alcohol induced accident involving an intoxicated employee can be an OSHA recordable incident. OSHA recently opined in an Interpretation Letter that, where an employee sustained an injury at work...more

OSHA Publishes Evaluation of Severe Injury Reporting Program

Beginning January 1, 2015, OSHA changed its injury reporting rules to require employees to report to OSHA certain severe injuries and employee hospitalization within 24 hours. We have previously blogged about that change in...more

Report from the ABA OSHA Conference

We are attending the ABA Occupational Safety and Health Law Meeting this week in Santa Barbara, California. This morning a hot topic is developments in OSHA’s enforcement programs and initiatives, including the “enforcement...more

Are You in Compliance with OSHA’s New Confined Space Standard for the Construction Industry?

Most employers in the construction industry already know that OSHA issued a new confined space standard for construction that became effective on August 3, 2015. Companies with employees who enter confined spaces at...more

Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and...more

Careful: New Inspection Guidance for Poultry Processing Facilities

The Occupational Safety & Health Administration recently issued its “Inspection Guidance for Poultry Slaughtering and Poultry Processing Establishments” (October 28, 2015). OSHA explains in the Guidance that workers...more

12/22/2015  /  OSHA , USDA , Workplace Safety

Update – New OSHA Maximum Penalty Amounts Become More Clear – October, 2015 CPI Released

As we mentioned in our previous blog, the bipartisan budget signed by President Obama on November 2, 2015 contains provisions that will allow OSHA to raise maximum penalties for the first time in 25 years. The maximum...more

ATF Explosives Compliance Inspection Enforcement Facts and Figures

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has posted its Fiscal Year (FY) 2014 enforcement Facts and Figures. During FY 2014 the Bureau conducted 4,006 explosives compliance inspections. Of those,...more

ATF Institutes a Voluntary Magazine Identification-Labeling Program

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in its recent ATF EXPLOSIVES Industry Newsletter, informed the industry of a new voluntary “process to better track industry-owned explosives storage magazines.”...more

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