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
Seyfarth Synopsis: The United States Environmental Protection Agency (EPA) released a list of disinfectants to use against SARS-CoV-2, the novel coronavirus that causes COVID-19....more
3/9/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Risk Management ,
Workplace Safety
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
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
3/5/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Enforcement Guidance ,
Hiring & Firing ,
Infectious Diseases ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
OSHA ,
OSHRC ,
Personal Protective Equipment ,
Public Health ,
Risk Management ,
Severe Violators Enforcement Program (SVEP) ,
Silica ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: As an early and aggressive response to potential threats related to the novel coronavirus disease, now identified as COVID-19, the United States Environmental Protection Agency (EPA) activated its Emerging...more
3/3/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
Pesticides ,
Policies and Procedures ,
Public Health ,
Regulatory Requirements ,
Risk Management ,
Workplace Safety
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
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
12/24/2019
/ Agribusiness ,
Air Quality Standards ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Department of Environmental Protection ,
Dispensaries ,
Electricity ,
Energy Efficiency ,
Environmental Liability ,
Farms ,
Hazardous Waste ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Interstate Commerce ,
Land-Use Permits ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
National Emissions Standards ,
Nuisance ,
Pesticides ,
Popular ,
Product Packaging ,
Recreational Use ,
Recycling ,
Regulatory Oversight ,
Retail Market ,
Toxic Chemicals ,
Volatile Organic Compounds (VOC) ,
Waste ,
Waste Disposal ,
Water Usage
Seyfarth Synopsis: EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list....more
12/3/2019
/ Comment Period ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPRM ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
Toxic Chemicals
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
Seyfarth Synopsis: The Nanotechnology Research Center (NTRC), part of the National Institute for Occupational Safety and Health (NIOSH), has identified new safety hazards from the expanding nanotechnology industry....more
Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify...more
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution...more
Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of...more
6/28/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits ,
Workplace Safety
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
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
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
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. ...more
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more
3/7/2019
/ Beryllium Exposure ,
Emergency Management Plans ,
Employer Liability Issues ,
Health & Safety Standard ,
Mandatory Evacuation ,
Occupational Exposure ,
OSHA ,
Safety Violations ,
Silica ,
Whistleblowers ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a...more
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’...more
12/21/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency’s interpretation of its own ambiguous regulation, taking up a challenge...more
12/14/2018
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Denial of Benefits ,
Environmental Litigation ,
Judicial Review ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Retroactive Application ,
SCOTUS ,
Veterans' Benefits
Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand....more
Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. ...more
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
8/30/2018
/ Employer Liability Issues ,
Health Care Providers ,
Healthcare Workers ,
Hostile Environment ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence