Adam Young at Seyfarth Shaw LLP

Mining Accidents Lead to ‘Troubling’ 31% Increase in Worker Deaths

Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more

11/10/2023 / Coal Industry , Department of Labor (DOL) , Employer Liability Issues , Health and Safety , Mine Act , Mine Safety and Health Administration (MSHA) , Mining , Safety Inspections , Workplace Hazards , Workplace Safety

As Snow Season Approaches, OSHA Focuses On Rollover Protection For Tractor Operators

Seyfarth Synopsis: OSHA has recently highlighted tractor operator safety by increasing use of rollbars or cage frames....more

10/24/2023 / Construction Project , Construction Site , Construction Workers , Emergency Management Plans , Employee Training , Employees , Employer Liability Issues , Employer Mandates , General Duty Clause , Health and Safety , Heavy Equipment , New Guidance , OSHA , Workplace Safety

OSHA Injury and Illness Reporting: What Employers Need to Know

Seyfarth Synopsis: Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA...more

10/6/2023 / Employees , Employer Liability Issues , Health and Safety , Occupational Exposure , OSHA , Reporting Requirements , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

Federal Government Shutdown Will Significantly Impact United States Department of Labor Enforcement Activities, OSHA Cases

Seyfarth Synopsis: The impending federal government shutdown will suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA....more

10/2/2023 / Administrative Agencies , Department of Labor (DOL) , Employer Liability Issues , Federal Funding , Furloughs , Government Shutdown , OSHA , Regulatory Agencies , Workplace Safety

Federal OSHA Announces Inspection Initiative Focusing on Crystalline Silica in the Stone Fabrication Industry

Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has launched a new initiative focused on enhancing enforcement and providing compliance assistance to protect workers from the hazards of silica....more

9/27/2023 / Cal-OSHA , Construction Project , Construction Workers , Department of Labor (DOL) , OSHA , Silica , Toxic Exposure , Workplace Hazards , Workplace Safety

DOL Proposes Regulations Authorizing Union and Other Third-Party Representation of Employees During OSHA Inspections

Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more

9/6/2023 / Comment Period , Department of Labor (DOL) , Employer Liability Issues , OSHA , Proposed Rules , Regulatory Reform , Safety Inspections , Third-Party Agents , Union Representatives , Workplace Safety

OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace

Seyfarth Synopsis: To increase enforcement concerning workplace violence incidents, OSHA published a Standard Interpretation Letter concluding injuries resulting from workplace violence are recordable, even if the incident...more

8/25/2023 / Corporate Counsel , Employer Liability Issues , Hostile Environment , OSHA , Workplace Injury , Workplace Safety , Workplace Violence

OSHA to Require Better-Fitting PPE in Construction

Seyfarth Synopsis: OSHA announced last week a notice of proposed rulemaking to revise the personal protective equipment standard for the construction industry. A revised standard will clarify that personal protective...more

8/17/2023 / Construction Workers , Employee Rights , Employees , Employer Liability Issues , Health and Safety , Notice of Proposed Rulemaking (NOPR) , OSHA , Personal Protective Equipment , Workplace Safety

OSHA Issues Heat Hazard Alert Reminding Employers to Protect Workers Against Heat Illness and Injury – States are Following Suit

Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has issued a heat hazard alert to “remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor...more

8/10/2023 / Biden Administration , Department of Labor (DOL) , Employer Liability Issues , Heat Exposure , OSHA , Proposed Rules , Workplace Illness and Injury Reporting , Workplace Safety

A Brave New World: How to Manage Safety Hazards From Augmented Reality (AR), Virtual Reality (VR), and Artificial Intelligence...

Seyfarth Synopsis: Augmented Reality (AR), Virtual Reality (VR), and Artificial Intelligence (AI) have become increasing factors in construction and general industry workplaces, creating not only potential safety hazards...more

7/28/2023 / Algorithms , Artificial Intelligence , Augmented Reality , Construction Site , Construction Workers , Cybersecurity , Machine Learning , OSHA , Robots , Virtual Reality , Workplace Safety

OSHA Expands Electronic Injury/Illness Data Reporting and Recordkeeping Requirements

Seyfarth Synopsis: OSHA has announced new rules requiring a broad range of employers to electronically submit additional injury and illness information in 2024....more

7/18/2023 / Data Reporting , Employer Liability Issues , FOIA , Health & Safety Standard , NAICS , New Rules , OSHA , Recordkeeping Requirements , Workplace Hazards , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

OSHA Announces National Emphasis Program Aimed at Reducing and Preventing Workplace Hazards in Warehouses and Distribution Centers

Seyfarth Synopsis: OSHA this week announced a national emphasis program (“NEP”) to prevent workplace hazards in warehouses, processing facilities distribution centers, and high-risk retail establishments....more

7/14/2023 / Distribution Centers , Employer Liability Issues , NEP , OSHA , Warehouses , Workplace Hazards , Workplace Safety

NYC to Consider Indoor Air Quality Regulations

Seyfarth Synopsis: The COVID-19 pandemic and wildfire smoke shrouding the skies over the East Coast this summer have drawn more attention to indoor air quality, leading the New York City Council to propose indoor air quality...more

7/14/2023 / Air Quality Standards , ASHRAE , City of New York , Employer Liability Issues , Employer Responsibilities , Labor Reform , New York , OSHA , Regulatory Agenda , State Labor Laws , Workplace Safety

Be Ready to Defend the Castle: Employers Need a Written OSHA Inspection Management Policy

Federal OSHA conducted 24,333 onsite inspections in 2021, resulting in thousands of citations. Make no mistake, OSHA (and especially Cal/OSHA) have been gearing up with a new generation of compliance officers, training them...more

6/29/2023 / Cal-OSHA , Citations , Employer Liability Issues , Employer Responsibilities , Inspection Rights , NAIC , OSHA , Safety Inspections , Workplace Safety

Small Business Panel has Big Recommendations for Potential OSHA Workplace Violence Prevention Standard

Seyfarth Synopsis: A Small Business Advocacy Review Panel for a potential OSHA standard to address Prevention of Workplace Violence in the Healthcare and Social Assistance sectors concluded on May 1, 2023....more

6/16/2023 / Centers for Medicare & Medicaid Services (CMS) , Healthcare Facilities , Healthcare Workers , OSHA , Regulatory Flexibility Act , Small Business , Workplace Violence

See Through the Haze: NIOSH Guidance on Outdoor Workers Exposed to Wildfire Smoke

Seyfarth Synopsis: As Canadian wildfire smoke spreads across the Northern United States, employers should review the CDC/NIOSH guidance on occupational exposure to wildfire smoke and implement effective measures to protect...more

6/9/2023 / Air Quality Standards , Centers for Disease Control and Prevention (CDC) , NIOSH , Occupational Exposure , OSHA , Workplace Safety

Oregon to Assess Highest-in-Nation OSHA Penalties of up to $250,000 Per Violation

For many years, Oregon has been among the states that issued the lowest workplace safety penalties per violation. Not anymore. Effective May 24, 2023, Oregon passed a new law (SB 592A) turning its workplace safety penalties...more

6/7/2023 / Employer Liability Issues , Labor Reform , New Legislation , Oregon , OSHA , Workplace Safety

High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more

5/26/2023 / Drug Testing , Employment Policies , Hiring & Firing , Marijuana , OSHA , State and Local Government , Zero Tolerance Policies

OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls

Seyfarth Synopsis: OSHA has just announced a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections....more

5/11/2023 / Employer Liability Issues , OSHA , Workplace Injury , Workplace Safety

Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best...

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant...more

4/18/2023 / Best Practices , Department of Labor (DOL) , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , NLRB , Retaliation

Cal/OSHA Turns Up The Heat on Employers

Seyfarth Synopsis: After a lengthy delay due in part to the COVID-19 pandemic, Cal/OSHA has published its proposed indoor heat illness prevention standard. After the publication, there is a 45-day comment period, ending at...more

4/4/2023 / Cal-OSHA , California , Coronavirus/COVID-19 , Employees , Health and Safety , Heat Exposure , Occupational Exposure , State Labor Laws , Workplace Safety

Are Your Exits Clear? Major Retailer Faces Over $15 Million in OSHA Fines as OSHA Enforcement Wave on Exit Access Continues

Seyfarth Synopsis: Highlighting the current administration’s focus on using press releases to assure workplace health and safety regulations are being followed, OSHA announced that a major retailer who has allegedly continued...more

3/27/2023 / Employer Liability Issues , Fines , OSHA , Workplace Safety

Adam Young

Seyfarth Shaw LLP

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