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Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

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

OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

A Hobson’s Choice: OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

National Safety Council Releases Workplace Violence Resources for Employers

Seyfarth Synopsis: In the wake of increased employee mental health concerns and mass shootings across the country, employers looking to create or enhance a workplace violence program can look to the National Safety Council...more

Carbon Monoxide (CO) – Deadly Gas Continues to Menace Winter Workplaces

Seyfarth Synopsis: The continuing proliferation of accidents involving carbon monoxide have drawn the attention of OSHA and NIOSH, which have issued regulations and recent press releases on the issue....more

Alec Baldwin Manslaughter Charges Spotlight Criminal Liability For Occupational Fatalities

Seyfarth Synopsis: Recent involuntary manslaughter charges against actor Alec Baldwin serve as a reminder of the state criminal manslaughter liability that may result from industrial accidents. Company management and...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

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

Holiday Safety Liabilities and Tips to Limit Employer Liability at Company Parties

The U.S. Department of Labor has blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks....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

OSHA Significantly Increases the Number of Investigators

Seyfarth Synopsis: With a larger base of compliance officers, OSHA has significantly increased its ability to conduct on-site inspections and reorient its enforcement strategies....more

OSHA Highlights Stress and Mental Health in the Workplace

Seyfarth Synopsis: OSHA is beginning to review work related stress as a workplace hazard falling under its jurisdiction....more

Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2022

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 to review their own safety programs on an annual...more

The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season (UPDATED)

Seyfarth Synopsis: With Hurricane Ian drenching the Gulf Coast, Florida, and the Atlantic coastal states, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and...more

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