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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

FMCSA Moves to Tighten Hours of Service Requirements During Economic Emergencies

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation (DOT), today published a notice of proposed rulemaking (NPRM) (FMCSA–2022–0028), that would maintain...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

Fatality Rates from Occupational Safety and Health Hazards Higher Among Minorities

Seyfarth Synopsis: Recent data continues to show material disparities in serious injury and fatality rates among employees of differing races or ethnicities, with African-Americans and Hispanics showing considerably higher...more

New Frontier in COVID-19 Vaccine Litigation

Seyfarth Synopsis: Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance...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

CDC Interpretive Summary on COVID-19 for August 26, 2022

Seyfarth Synopsis: The CDC has found that COVID-19 cases, hospitalizations, and deaths are leveling off from their rise over the summer. The CDC advises that Americans can help prevent these numbers from increasing again by...more

CDC Eases COVID-19 Guidelines

Seyfarth Synopsis: On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer severely disrupts our daily lives,” while acknowledging that the...more

UPDATED: The U.S. Joins WHO, Declaring Monkeypox a Public Health Emergency

Seyfarth Synopsis: The WHO and the CDC have updated statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”...more

WHO Declares Monkeypox Disease a Public Health Emergency of International Concern

Seyfarth Synopsis: The WHO and the CDC issued statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”...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

Adding to the U.S.’s COVID-19 Vaccine Arsenal, FDA Issues EUA for Novavax – Will it Impact Religious Accommodations?

Seyfarth Synopsis: On July 13, 2022, the U.S. Food and Drug Administration (“FDA”) issued an emergency use authorization (“EUA”) for the Novavax COVID-19 Vaccine, Adjuvanted. Beyond adding another vaccination option in the...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

Still Coughing: Now-Dominant COVID-19 Variant Can Elude Current Vaccines, Prompts FDA Action

Seyfarth Synopsis: Omicron BA5 strain has become dominant and has evolved to render vaccinations and boosters less effective, resulting in many employers revisiting their COVID-19 policies....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

October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022

Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more

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