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Fast and Furious 3: Cal/OSHA’s Emergency Temporary Standard Drift

Seyfarth Synopsis: Following its June 3, 2021 meeting, when the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), the Board convened an emergency...more

Take 3! Cal/OSHA ETS Revisions Still Pending

Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021,...more

OSHA Updates FAQs on N95 Facemasks in the Workplace

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) added a section to its COVID-19 Frequently Asked Questions (FAQs) regarding respirators and particle size, explaining how N95 respirators effectively...more

Cal/OSHA Standards Board Approves Controversial Changes to COVID-19 ETS

Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS...more

For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13,...more

OSHA Temporarily Adopts CDC Guidance for Fully Vaccinated Employers

Seyfarth Synopsis: On May 18, 2021, OSHA adopted (by reference) CDC’s May 13, 2021 guidance for fully vaccinated individuals in many non-healthcare settings. Specifically, OSHA announced that employers should “refer to the...more

Manufacturers and Sand-Blasters Beware! OSHA Provides Guidance for Planned Enforcement of Beryllium Standards

Seyfarth Synopsis: The Interim Enforcement Guidance for the 2020 Final Beryllium Standards applies to all types of beryllium inspections....more

Oregon Finalizes COVID-19 Worker Safety Rules

Seyfarth Synopsis: This week, the State of Oregon issued a final COVID-19 worker protection standard, replacing its temporary rule adopted six months ago. The final rule, effective on May 4th with certain provisions phasing...more

OSHA Advises Employers Not to Record Adverse Reactions From Voluntary COVID-19 Vaccines on the 300 Log

Seyfarth Synopsis: OSHA yesterday issued an additional guidance addressing whether employers need to record adverse vaccine reactions on their 300 Logs....more

Biden Administration Nominates CalOSHA Chief Doug Parker to Helm of Federal OSHA

Seyfarth Synopsis: The White House announced on Friday that Douglas L. Parker will be its nominee for the head of federal OSHA....more

NSC Updates OSHA “Top Ten” Most Frequently Cited Standards for 2020

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 reviewing their own safety programs....more

OSHA Adopts COVID-19 National Emphasis Program

Seyfarth Synopsis: On March 12, 2021, OSHA published its COVID-19 National Emphasis Program – Coronavirus Disease 2019 (COVID-19), DIR 2021-01(CPL-03) (3-12-21). The Directive lays-out OSHA’s policies and procedures...more

So Your Employee Got Their COVID-19 Vaccination – What does that Mean for Inter-Personal Relations With Other Employees, Clients,...

Seyfarth Synopsis: Now, after more than 80 million vaccine doses have been given out in the US, and having weathered a year of Zoom-only visits with fellow employees, clients, and customers, those who have been vaccinated are...more

Biden OSHA Revises “Protecting Workers Guidance” on Mitigating and Preventing the Spread of COVID-19

Seyfarth Synopsis: Last week, President Biden directed OSHA to release clear guidance for employers to help keep workers safe from COVID-19 exposure. On January 29, 2021, OSHA issued “Protecting Workers: Guidance on...more

USW Official James Frederick Selected as Deputy Assistant Secretary at OSHA

Seyfarth Synopsis: Frederick will take over as the No. 2 official at OSHA, after having already spent 25 years as the top investigator at the United Steelworkers union’s health, safety, and environment department. In that job...more

Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking

Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational...more

Cal/OSHA Approves Emergency Temporary COVID-19 Standard

Seyfarth Synopsis: The California Department of Industrial Relations’ Office of Administrative Law has approved a California OSHA emergency temporary standard regarding COVID-19, effective November 30, 2020. It brings with it...more

Cal/OSHA Standards Board Approves Emergency Temporary COVID-19 Standard

Seyfarth Synopsis: California Department of Industrial Relations’ (DIR) Occupational Safety and Health Standards Board adopted a California OSHA emergency temporary standard regarding COVID-19. The emergency temporary...more

What to Expect from OSHA in a Biden Administration

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...more

Cal/OSHA Moves Closer to Issuing New COVID-19 Emergency Temporary Standard

Seyfarth Synopsis: Last month we blogged about the Cal/OSHA Occupational Safety and Health Standards Board’s unanimous vote for a COVID-19 temporary emergency standard and a permanent infectious diseases standard. Cal/OSHA...more

Western States Tighten Restrictions to Curb COVID-19

Seyfarth Synopsis: Along with other locations across the country, California, Oregon, Washington, and New Mexico imposed sweeping restrictions and new guidance to contain the surge in COVID-19 infections. The latest round of...more

Oregon OSHA Issues COVID-19 Temporary Rule

Seyfarth Synopsis: Oregon OSHA finalized its COVID-19 temporary rule, OAR 437-001-0744, Addressing COVID-19 Workplace Risks, on November 6, 2020, with most provisions effective as of November 16, 2020; the rule sunsets on May...more

Michigan OSHA COVID-19 Emergency Rules

Seyfarth Synopsis: Michigan OSHA (MIOSHA) enacted COVID-19 emergency rules on October 14, 2020, less than two weeks after the Michigan Supreme Court’s October 2 ruling invalidated many of Governor Gretchen Whitmer’s COVID-19...more

CDC Expands Definition of “Close Contact” to Include Contact Within Six Feet for 15 Minutes or More, With Minutes Aggregated Over...

Seyfarth Synopsis: The CDC continues to expand its guidance on the potential routes of COVID-19 transmission, changing its definition of “close contact” of 15 minutes or more within 6 feet, to now mean 15 minutes aggregated...more

Stay Tuned – California OSH Standards Board Moves Forward with New COVID-19 Emergency Temporary Standard

Seyfarth Synopsis: On September 17, 2020, as the COVID-19 pandemic continued, Cal/OSHA’s Occupational Safety and Health Standards Board voted unanimously to draft a COVID-19 temporary emergency standard and a permanent...more

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