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Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices

Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose...more

OSHA Reiterates Concerns About Occupational Hearing Damage and Loss

Seyfarth Synopsis: Occupational noise exposure is common in certain industries across the United States, such as construction, manufacturing, and even warehousing and logistics. According to OSHA, the “Center for Disease...more

As Fatality Numbers Skyrocket, OSHA Scrutinizes Trenching and Excavation Hazards with Redoubled Enforcement

Seyfarth Synopsis: OSHA announced enhanced enforcement and oversight efforts following an “alarming rise” in trenching fatalities, intended to draw attention to construction worker safety and present issues and solutions....more

More Big Money: OSHA and EPA Civil Penalties Increase for 2023

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2023 increases to civil penalties....more

From Snowmageddon to Snowpocalypse: OSHA Highlights Potential Winter Weather Hazards

Seyfarth Synopsis: On its website, OSHA is highlighting the hazards of working in winter weather and providing resources for employers to help protect their workers....more

COVID-19 Healthcare Permanent Standard Remains Under White House Review

Seyfarth Synopsis: On December 7, 2022, OSHA submitted its permanent “Occupational Exposure to COVID-19 in Healthcare Settings” standard to the White House Office of Management and Budget’s Office of Information and...more

NIOSH Best Practices to Help Host Employers Protect Temporary Workers

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) has released a new set of best practices to assist host employers in better protecting the safety and health of temporary workers....more

With Flu Season Upon Us, OSHA Signals That Employers Should Continue To Encourage Vaccination For Their Workforces

Seyfarth Synopsis: With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated...more

Doctor, Doctor, Give Me the News: OSHA Moving Forward with COVID-19 Healthcare Permanent Standard

Seyfarth Synopsis: On December 7, 2022, OSHA submitted its “Occupational Exposure to COVID-19 in Healthcare Settings” standard to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs...more

Employers Must Update Injury Tracking Application (ITA) Account and Submit OSHA Form 300A Summaries Through Login.gov

Seyfarth Synopsis: OSHA requires employers to upload certain information to its Injury Tracking Application (ITA) each year by March 2. This year, OSHA is transitioning employer login information from individual accounts to...more

OSHA Continues to Target Employers who Utilize Powered Industrial Vehicles with New Regional Emphasis Program

Seyfarth Synopsis: Powered Industrial Trucks (forklifts) are the focus of a new OSHA Regional Emphasis Program(REP). The program covers Colorado, Montana, North Dakota, and South Dakota—the federal-OSHA states in Region 8....more

OSHA Healthcare COVID-19 Rule Takes Priority over Heat Illness, Workplace Violence

Seyfarth Synopsis: While completing the healthcare COVID-19 standard continues to be the Occupational Safety and Health Administration’s top rulemaking priority, Doug Parker, U.S. DOL’s Assistant Secretary of Labor for...more

Warehousing and Logistics: New OSHA Emphasis Program Brings Promise of Aggressive Enforcement

Seyfarth Synopsis: OSHA’s Region III issued a Regional Emphasis Program (REP) instruction (CPL 2022-01 (CPL 4)) for Warehousing Operations, that went into effect on August 3, 2022 and “establishes policies and strategies to...more

DOL Adopts an Expanded OSHA Severe Violator Enforcement Program

Seyfarth Synopsis: On September 15, 2022, U.S. Department of Labor’ Occupational Safety and Health Administration announced expanded criteria for placement in its Severe Violator Enforcement Program (“SVEP”). The new criteria...more

OSHA Focusing on Trenching Hazards

Seyfarth Synopsis: OSHA is highlighting trenching hazards, and their potentially-dire consequences, on its homepage. ...more

OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance

Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a...more

Fatal Falls in Construction Account For More Than Half of All Work-Related Falls Nationally

Seyfarth Synopsis: NIOSH reports in its recent Science Blog that “falls are the leading cause of death among construction workers.”...more

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

What a Whopper – Court Finds An “Uncontrolled” HAZWOPER Release Doesn’t Mean “Any Release, No Matter How Small”

Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word “uncontrolled” is unambiguous and not open to interpretation –...more

Lower Blood Lead Levels on OSHA’s To-Do List

Seyfarth Synopsis: On June 28, 2022, OSHA announced publication of an Advance Notice of Proposed Rulemaking (“ANPRM”) regarding potential revisions to the Agency’s lead standards, lowering permissible blood lead levels....more

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

The Slow and the Furious: OSHA’s Rulemakings Continue at Various Stages with Infectious Diseases a Priority

Seyfarth Synopsis: On May 25, 2022, Douglas Parker, Assistant Secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration, testified before the U.S. House Committee on Education and Labor’s...more

Arizona OSHA is on the Chopping Block: DOL Announces Proposal to Reconsider or Revoke Approval of Arizona’s State OSHA Plan

Seyfarth Synopsis: On April 20, 2022, the U.S. Department of Labor (DOL) announced a proposal to reconsider or revoke Arizona’s State OSHA plan, which may lead to federal OSHA takeover regulation of private employers in the...more

OSHA Aims to Boost Injury Reporting Rule Compliance with its Injury Tracking Application Enforcement Program

Seyfarth Synopsis: As we previously blogged, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking to expand requirements for employers to submit OSHA forms via its Injury Tracking...more

The Empire Strikes Back: New Rule Will Require Many Employers To Submit More OSHA Forms Electronically

Seyfarth Synopsis: The Occupational Safety and Health Administration is proposing to amend its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to...more

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