Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more
8/21/2018
/ Battery ,
Civil Conspiracy ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Contamination ,
En Banc Review ,
Fraudulent Concealment ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Hazardous Substances ,
Litigation Strategies ,
Negligence ,
Negligent Misrepresentation ,
Petition For Rehearing ,
Private Nuisance ,
Strict Liability ,
Trespass ,
Unjust Enrichment
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
Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more
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 has just released a Memorandum on the Enforcement Launch for the Respirable Crystalline Silica Standard in General Industry and Maritime rules....more
6/18/2018
/ Employer Liability Issues ,
Enforcement Guidance ,
Hazardous Substances ,
Maritime Transport ,
Occupational Exposure ,
OSHA ,
Policy Memorandums ,
Regulatory Standards ,
Shipyard Industry ,
Silica ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Safety
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
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
5/16/2018
/ Administrative Appointments ,
Best Practices ,
Employer Liability Issues ,
Enforcement Actions ,
OSHA ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Safety Inspections ,
Severe Violators Enforcement Program (SVEP) ,
Trump Administration ,
Whistleblowers ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
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
Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...more
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
3/8/2018
/ Beryllium Exposure ,
Construction Industry ,
Delays ,
Employer Liability Issues ,
Health & Safety Standard ,
Manufacturers ,
Occupational Exposure ,
OSHA ,
Shipyard Industry ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more
2/14/2018
/ Administrative Procedure Act ,
Applicability Date ,
Clean Water Act ,
Due Process ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Inland Waterways ,
National Wildlife Foundation ,
Navigable Waters ,
NRDC ,
State and Local Government ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018.
The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...more
Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more
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
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
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more
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
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more
11/28/2017
/ Agricultural Land ,
Applicability Date ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Farms ,
Obama Administration ,
Regulatory Oversight ,
Tribal Lands ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
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
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
Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more
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
Seyfarth Synopsis: Last week Administrator Scott Pruitt signed a final rule to further delay the effective date of EPA’s Risk Management Program (RMP) Amendments an additional 20 months to allow the agency to conduct a...more
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