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Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH...more

Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA...more

Big Money: OSHA and EPA Civil Penalties Increase for 2022

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more

Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100...more

New BLS Data Show Major Hazards Causing Occupational Fatalities in 2020

Seyfarth Synopsis: According to the Bureau of Labor Statistics, the number of fatal work injuries in 2020 was the lowest since 2013....more

Supreme Court Will Hold Special Session on OSHA’s COVID-19 Vaccination and Testing ETS, as well as Healthcare CMS Vaccination...

Seyfarth Synopsis: On January 7, 2022, in an extraordinary open session, the Supreme Court will reconsider the dissolved stay of the OSHA ETS, as well as the injunctions blocking the CMS healthcare vaccination mandate in 25...more

OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19...more

Cal/OSHA Adopts Revised and Restrictive COVID-19 ETS

Seyfarth Synopsis: On December 16, 2021, the Cal/OSHA Standards Board voted to readopt the COVID-19 Emergency Temporary Standard (“ETS”) with changes that will take effect January 14, 2022. This readoption includes many...more

Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2021

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual...more

Ho, Ho, Health and Safety! Keeping Workers Safe and Merry this Holiday Season

Seyfarth Synopsis: The U.S. Department of Labor Tweeted and blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks....more

U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation

Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to OSHA’s COVID-19 Vaccination and Testing...more

Biden Nominee CalOSHA Chief Doug Parker Confirmed to Head Federal OSHA

Seyfarth Synopsis: Yesterday the Senate voted to confirm Doug Parker to serve as Assistant Secretary of the Occupational Safety and Health Administration (OSHA)....more

Reverse Course! OSHA Again to Require Employers to Electronically Submit OSHA 300 Logs and 301 Reports

Seyfarth Synopsis: OSHA intends to restore an Obama-era requirement that employers submit OSHA 300 logs and OSHA 301 reports electronically, ostensibly to improve the Agency’s data and to potentially target employers with...more

California Senate Bill 606 to Beef Up Cal/OSHA Enforcement Authorities

Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It also provides Cal/OSHA with...more

It’s Finally Here! And it Applies Broadly: The Safer Federal Workforce Task Force Releases Safety Guidance for Federal Contractors

As directed by President Biden’s September 9, 2021 Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” today the Safer Federal Workforce Task Force issued workplace safety guidance...more

OSHA Publishes Heat Illness Inspection Guidance

Seyfarth Synopsis:OSHA recently announced a three-pronged approach to establish a heat illness enforcement initiative, pertaining to both indoor or outdoor work settings: an enforcement memorandum, a National Emphasis...more

OSHA to Issue New COVID Emergency Temporary Standard Mandating COVID-19 Vaccination, Testing, Paid Time Off

Seyfarth Synopsis: President Biden announced a six-pronged, “comprehensive national strategy” to combat COVID-19, which will include a second OSHA Emergency Temporary Standard requiring vaccines or testing....more

OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

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

OSHA Gives Health Care Employers Green Light to Continue Permitting Facemask Exemptions, Despite New CDC Guidance

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

Washington State Mandates Additional Protections For Outdoor Workers

Seyfarth Synopsis: In light of the record-breaking heat wave, Washington state announced new emergency rules to provide outdoor workers with additional protections from heat exposure. These rules update the existing Outdoor...more

OSHA Revises National Emphasis Program, and Updates Interim Enforcement Response Plan for COVID-19

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

Hear! Hear! Midwest OSHA Region Introduces Regional Emphasis Program for Noise Hazards and Programmed OSHA Inspections at...

Seyfarth Synopsis: OSHA Region V has recently adopted an Instruction to establish a Regional Emphasis Program (REP) for conducting inspections of select manufacturing industries with hearing loss rates higher than the...more

Heat Illness and Back to Work — Summer 2021

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

OSHA’s Emergency Temporary Standard Published on June 21, 2021

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

Finally! Cal/OSHA Approves Revised Emergency Temporary Standard

Seyfarth Synopsis: Following a rollercoaster ride that lasted for weeks, and culminated in another 4.5 hour long marathon meeting, on June 17, 2021, Cal/OSHA finally approved a revised version of its Emergency Temporary...more

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