It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more
Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more
The U.S. Court of Appeals for the Sixth Circuit recently added some small clarity to the murky jurisdictional border between the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health...more
On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative...more
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
President Biden has ordered the Occupational Safety and Health Administration (OSHA) as well as the Mine Safety and Health Administration to evaluate whether a need exists for emergency temporary standards that protect...more
All bets are off as regulatory agencies are tugged in every direction in pandemic world. Normally, an election year probably would not have seen particularly aggressive enforcement or rulemaking. For a while, COVID-19 health...more
As companies plan to reopen, we’re getting lots of questions about how to prepare for workers wearing cloth face masks, as advised by the CDC and now required by some jurisdictions. Should your employees wear masks? Must...more
What has evolved (or devolved) into perhaps the most controversial election in American history, could translate in a couple of months into a whirlwind for labor and workplace safety policy. Stark differences between the...more
In just a couple of weeks, we will have the opportunity to enter the voting booth, and cast a ballot to elect the next President of the United States. The platforms and proposed polices of the candidates are more divergent...more
On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred...more
The Occupational Safety and Health Administration has identified seven proposals the agency hopes to release as final rules before the end of the year, while the Mine Safety and Health Administration, its sister agency within...more
On March 15, Assistant Attorney General John Cruden provided new insight into the renewed emphasis on criminal prosecution of worker safety laws by the U.S. Department of Justice’s Environment and Natural Resources Division...more
Two recent developments suggest that employers can expect enhanced enforcement of worker endangerment violations under OSHA and MSHA and increased fines under OSHA....more
The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more
With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations. In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced...more
Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards...more
On December 17, 2015, the U.S. Departments of Justice (DOJ) and Labor (DOL) announced a new memorandum of understanding (MOU) to increase the frequency and effectiveness of criminal prosecutions of so-called worker...more
As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more
“Congress has given . . . MSHA powerful tools to protect miners. ...more
Escalating Enforcement by MSHA of Prohibition against Advance Notice of Inspection - Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at...more
In This Issue: - MSHA Update ..End of Temporary Reinstatement - That Was Not Temporary - OSHA Update ..Wanted: Regulatory Agendas for 2012 ...more
In This Issue: Safety and Health Enforcement Developments: - MSHA Update - OSHA Update ..OSHA's Oil & Gas Flame Resistant Clothing Memo Held to Be Improper Rulemaking ..Final Electric Power Transmission and...more
In a highly-anticipated decision involving two sets of consolidated contest proceedings, the Federal Mine Safety and Health Review Commission has affirmed a May 2011 ALJ order that upheld a broad interpretation of MSHA’s...more