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U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last...more

OSHA Webinar and Materials on National Emphasis Program Aimed at Reducing and Preventing Workplace Hazards in Warehouses and...

Seyfarth Synopsis: OSHA Region V last week provided a Webinar on the Occupational Safety and Health Administration’s (“OSHA”) national emphasis program (“NEP”) to prevent workplace hazards in warehouses, processing...more

DOL Proposes Regulations Authorizing Union and Other Third-Party Representation of Employees During OSHA Inspections

Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more

OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

A Hobson’s Choice: OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

OSHA Significantly Increases the Number of Investigators

Seyfarth Synopsis: With a larger base of compliance officers, OSHA has significantly increased its ability to conduct on-site inspections and reorient its enforcement strategies....more

OSHA Publishes Interim Enforcement Response Plan for COVID-19 Inspections

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

OSHA FY 2021 Congressional Budget Anticipates More Inspections to Come

Seyfarth Synopsis: OSHA’s enforcement budget increase to drive increase in 2021 inspections. ...more

OSHA Proposes Over $1M in Fines Against Florida Roofing Contractor for Egregious Fall Hazards

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

OSHA Inspection Numbers Increased in FY 2019

Seyfarth Synopsis: OSHA has just released the Agency’s enforcement and compliance inspection numbers, which show a “significant increase” over 2018....more

Another Update from the 2019 ABA Occupational Safety and Health Law Committee Midwinter Meeting

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. ...more

Future Enterprises, Government Inspections, and Drones: Agencies are Using Drones More and More for Site Inspections

Employers should be aware that OSHA and some state environmental agencies are now using unmanned aircraft systems (UAS) or “drones” in select inspections and investigations. ...more

OSHA Has Begun Using Electronically Filed 300A Data to Target Specific Industries and Facilities

Seyfarth Synopsis:  The Occupational Safety and Health Administration (OSHA) has initiated a Site-Specific Targeting 2016 (SST-16) Program using the injury and illness information electronically submitted by employers to...more

Company And Its Executives/Owners Charged With Criminally Violating Worker Safety And Environmental Laws That Led To Workers’...

Seyfarth Synopsis:  A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource...more

OSHA Trends And Developments: One Year Into The Trump Administration

Yesterday our panel from Seyfarth’s Workplace Safety team led a briefing on OSHA regulation and enforcement under the Trump Administration. One year into the Trump Administration, employers’ expectations for a more...more

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

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

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

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