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Workplace Safety Comes to the Forefront for Expanding Healthcare Industry

Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Healthcare workers face a range of safety issues,...more

OSHA Releases Two New Temporary Worker Guidance Documents

OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a temporary employee’s safety and health in two new guidance documents relating to respiratory...more

Reminder – Specific Employers Are Required To Electronically Submit 2017 Injury And Illness Data By July 1

OSHA reminded specific employers on Monday that the deadline for electronically submitting their 2017 Form 300A data to OSHA is July 1, 2018....more

OSHA Enforcement Memo for Crystalline Silica Standard in General Industry and Maritime

OSHA has just released a Memorandum on the Enforcement Launch for the Respirable Crystalline Silica Standard in General Industry and Maritime rules....more

Construction Industry And Other Outdoor Working Employees Are Susceptible To Vector-Borne Pathogens From Ticks And Mosquitoes

Seyfarth Synopsis: The Centers for Disease Control and Prevention’s (CDC) recent report indicates that vector-borne diseases are a rising causes of illness for outdoor workers in the United States. ...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

Robotics, Automation, and Employee Safety for the Future Employer

Seyfarth Synopsis: Due to the increased use of robotics and computer automation for many job functions that have historically been performed by employees raises, besides the traditional personnel and employment issues, a host...more

OSHA Delays Enforcement Of Beryllium Standard Until May

Seyfarth Synopsis: The Occupational Safety and Health Administration announced that it is pushing back the effective date of parts of the rule limiting workers’ exposure to beryllium until May, while it negotiates with...more

Business-Friendly Times – USDOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (USDOJ) recently directed its Attorneys to not use its civil enforcement authority for violations based on agency guidance documents....more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

OSHA Civil Penalties Going Up Again – Adopts 2018 Maximums

Seyfarth Synopsis: The DOL has published its 2018 OSHA civil penalties. We had blogged previously about the U.S. Department of Labor’s (DOL) 2017 adjustments to the maximum civil penalty dollar amounts for OSHA violations....more

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

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

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

OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction

Seyfarth Synopsis: OSHA announced a thirty day phase-in for enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. The new rule will be fully effective by Monday, October 23, 2017....more

“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

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

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

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

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

Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule. We previously blogged that OSHA had again delayed, to December 1, 2016,...more

Final Update: OSHA Finalizes New Maximum Civil Penalties

Seyfarth Synopsis: OSHA finalized a 78% increase to per violation penalties. In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil...more

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

OSHA New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

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