Patrick Joyce on OSHA

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

8/10/2020 / Administrative Law Judge (ALJ) , Affirmative Defenses , Defense Strategies , Employee Misconduct , Employee Training , Employer Liability Issues , OSHA , OSHRC , Workplace Safety

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

6/26/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Health and Safety , Heat Exposure , Infectious Diseases , OSHA , Personal Protective Equipment , Workplace Safety

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

6/23/2020 / Business Closures , Coronavirus/COVID-19 , Non-Essential Businesses , OSHA , Re-Opening Guidelines , Screening Procedures , Social Distancing , Workplace Safety

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

6/12/2020 / Coronavirus/COVID-19 , Department of Labor (DOL) , Emergency Management Plans , Employer Liability Issues , Health and Safety , OSHA , Personal Protective Equipment , Risk Management , Workplace Safety

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

6/4/2020 / Employer Liability Issues , Health and Safety , Occupational Exposure , OSHA , Reporting Requirements , Workplace Hazards , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

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

5/29/2020 / Coronavirus/COVID-19 , Emergency Management Plans , Employer Liability Issues , Enforcement Guidance , OSHA , Re-Opening Guidelines , Workplace Safety

OSHA Issues Alert with Safety Tips for the Restaurant and Food and Beverages Industries

Seyfarth Synopsis: The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) jointly developed and released guidance that is generally intended for everybody, whether a...more

5/7/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Employer Responsibilities , OSHA , Re-Opening Guidelines , Restaurant Industry , Return-to-Work Agreements , Social Distancing , Workplace Safety

OSHA Issues Temporary Guidance on Using Enforcement Discretion During the Coronavirus Pandemic

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply with...more

4/21/2020 / Coronavirus/COVID-19 , Emergency Management Plans , Employer Liability Issues , Enforcement Guidance , OSHA , Workplace Illness and Injury Reporting , Workplace Safety

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

4/16/2020 / Coronavirus/COVID-19 , Drones , Employer Liability Issues , OSHA , Personal Protective Equipment , Safety Inspections , Workplace Safety

OSHA Publishes Enforcement Guidance on Recording Cases of COVID-19

Seyfarth Synopsis: On April 10, 2020, OSHA released new interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to recording occupational illnesses,...more

4/16/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Enforcement Guidance , Health and Safety , OSHA , Workplace Safety

CDC Provides New Guidance For Returning Critical Infrastructure Workers To Work Following Potential Exposure To COVID-19

The Centers for Disease Control (CDC) announced new Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person With Suspected or Confirmed COVID-19. The new...more

4/9/2020 / Americans with Disabilities Act (ADA) , Centers for Disease Control and Prevention (CDC) , Coronavirus/COVID-19 , Employee Privacy Rights , Equal Employment Opportunity Commission (EEOC) , Guidance Update , Healthcare Facilities , Hiring & Firing , Job Applicants , OSHA , Personal Protective Equipment , Public Health Emergency , Virus Testing , Workplace Safety

CDC AND OSHA Issue Changes To PPE And Respirator Recommendations For The Care Of Patients With Known Or Suspected COVID-19

Important for healthcare workers involved in the care of patients with known or suspected COVID-19, the CDC late last week changed it’s personal protective equipment (PPE) guidance in light of N95 respirator shortages. In...more

3/17/2020 / Best Practices , Centers for Disease Control and Prevention (CDC) , China , Coronavirus/COVID-19 , Crisis Management , Emergency Management Plans , Health and Safety , Healthcare Workers , Infectious Diseases , New Guidance , OSHA , Personal Protective Equipment , Public Health , Workplace Safety

OSHA Issues “Coronavirus Protection” Guidance

Seyfarth Synopsis: OSHA has issued a new alert and guidance document on COVID-19 suggesting ways for employers to minimize and manage risks to their workforces....more

Day Three at the 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. Today, we heard from panels that discussed California Workplace Violence and Indoor...more

3/9/2020 / Construction Project , Construction Workers , Criminal Penalties , Employer Liability Issues , Health and Safety , Mine Safety and Health Administration (MSHA) , Mining , OSHA , Silica , Workplace Hazards , Workplace Safety , Workplace Violence

Coronavirus and Technology in the Workplace – Day Two at the 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

3/6/2020 / American Bar Association (ABA) , Coronavirus/COVID-19 , Drones , Employer Liability Issues , Health and Safety , Mine Safety and Health Administration (MSHA) , Mining , Occupational Exposure , OSHA , Popular , Safety Inspections , Workers' Compensation Claim , Workplace Safety

Day One at the 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. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

OSHA Tweets Out a Reminder – Summary of Work-Related Injuries and Illnesses Form 300A for Calendar Year 2019 are Due March 2

Seyfarth Synopsis: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in specific industries with...more

1/13/2020 / Bodily Injury , Construction Workers , Deadlines , Electronic Filing , Employer Liability Issues , Filing Deadlines , Labor Regulations , Occupational Exposure , OSHA , Regulatory Requirements , Reporting Requirements , Workplace Hazards , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

President Issues Executive Orders on Guidance Documents and Transparency

Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and...more

10/14/2019 / Administrative Agencies , Department of Labor (DOL) , Environmental Protection Agency (EPA) , Executive Orders , New Guidance , OMB , OSHA , Public Access Laws , Regulatory Agencies , Regulatory Reform , Transparency , Trump Administration

Workplace Safety In The Gig Economy: New Hazards and Liabilities

Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training. New and inexperienced workers...more

5/10/2019 / Employer Liability Issues , Gig Economy , Health & Safety Standard , Independent Contractors , OSHA , Regulatory Oversight , Regulatory Requirements , Workplace Hazards , Workplace Injury , Workplace Safety

Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence

Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more

3/27/2019 / Administrative Law Judge (ALJ) , Emergency Management Plans , Employer Liability Issues , Employment Policies , General Duty Clause , Healthcare , Home Healthcare Workers , Hostile Environment , Mass Shootings , OSHA , Workplace Hazards , Workplace Safety , Workplace Violence

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

3/11/2019 / Administrative Law Judge (ALJ) , Construction Industry , Employer Liability Issues , Health & Safety Standard , OSH Act , OSHA , Regulatory Oversight , Regulatory Requirements , Workplace Hazards , Workplace Injury , Workplace Safety

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

3/8/2019 / Employer Liability Issues , Enforcement Actions , Inspection Rights , OSHA , Regulatory Oversight , Safety Inspections , Workplace Injury , Workplace Safety

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