Seyfarth Synopsis: The U.S. Department of Labor reported today that “U.S. healthcare workers experienced a staggering 249 percent increase in injury and illness rates in 2020, based on employer-reported data, as they...more
Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19 Vaccine, to prevent COVID-19 disease in individuals 16 and older. This could be big news for those on...more
Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” to the July 27, 2021 Centers for Disease Control...more
Seyfarth Synopsis: In light of rising cases of COVID-19, the CDC has recently reversed its prior facemask guidance, and has now required that both vaccinated and unvaccinated individuals wear masks indoors in areas where...more
Seyfarth Synopsis: President Biden recently laid out his administration’s next steps in efforts to get more Americans vaccinated.
On July 29, 2021, the White House released “Remarks by President Biden Laying Out the Next...more
Seyfarth Synopsis: On July 27, 2021, the CDC revised its mask guidance in response to the burgeoning threat of the COVID-19 Delta variant, recommending that all individuals — including those who are vaccinated — wear masks...more
Seyfarth Synopsis: On June 28, 2021, OSHA published a Compliance Directive, DIR 2021-02 (CPL 02), covering inspection procedures and enforcement policies for the Emergency Temporary Standard for COVID-19. The new directive...more
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
Seyfarth Synopsis: On June 21, 2021, the federal register published OSHA’s COVID-19 emergency temporary standard (“ETS”), focused on the health care industry....more
Seyfarth Synopsis: On June 9, 2021, at the tail end of prepared remarks before the House Education and Labor Committee, Secretary of Labor Marty Walsh announced – not with a bang, but with a whimper – that OSHA would publish...more
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
1. Introduction -
Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country. The legal environment is rapidly changing for many drugs, and additional...more
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
9/21/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
Seyfarth Synopsis: Cal/OSHA, in a press release, noted that it recently issued citations to a food manufacturer and its temporary employment agency, with over $200,000 in proposed penalties to each employer for “failing to...more
Seyfarth Synopsis: Cal/OSHA announced that it has cited eleven employers for not protecting employees from COVID-19 exposure during inspections of industries where workers have an elevated risk of exposure. The industries...more
Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more
8/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
General Duty Clause ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Retail Workers ,
Retailers ,
Social Distancing ,
Workplace Violence
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
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
Seyfarth Synopsis: A new California State guidance provides direction for dine-in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries to provide a healthy and clean environment for workers and...more
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
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
Seyfarth Synopsis: Last week, the President issued an Executive Order under the Defense Production Act of 1950 to protect the continued operation of the nation’s meat and poultry processors during the current COVID-19...more
5/5/2020
/ Coronavirus/COVID-19 ,
Defense Production Act ,
Farm Animals ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
OSHA ,
Poultry ,
Public Health ,
Retail Market ,
Trump Administration ,
Workplace Safety
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have jointly released coronavirus-related interim guidance for meatpacking and meat...more
5/4/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Farm Animals ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Infectious Diseases ,
Meat Processing Plants ,
OSHA ,
Personal Protective Equipment ,
Poultry ,
Public Health ,
Workplace Safety
Seyfarth Synopsis: After a Sangamon County Circuit Court temporarily blocked the Illinois Workers’ Compensation Commission’s (IWCC) emergency rule that created a rebuttable presumption that injured employees contracted...more
4/27/2020
/ Business Closures ,
Business Interruption ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Executive Orders ,
Municipalities ,
Operators of Essential Services ,
Real Estate Development ,
State and Local Government ,
Urban Planning & Development