Seyfarth Synopsis: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in specific industries with...more
1/13/2020
/ Bodily Injury ,
Construction Workers ,
Deadlines ,
Electronic Filing ,
Employer Liability Issues ,
Filing Deadlines ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more
1/6/2020
/ Administrative Interpretation ,
Agricultural Workers ,
Bodily Injury ,
Construction Project ,
Construction Site ,
Construction Workers ,
Employer Liability Issues ,
Excessive Noise ,
Federal Labor Laws ,
Negligence ,
OSHA ,
Project Management ,
Safety Precautions ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Seyfarth Synopsis: The U.S. Bureau of Labor Statistics (BLS) recently released its annual National Census of Fatal Occupational Injuries (National Census), concluding that the fatal work injury rate in 2018 remained at 3.5...more
1/2/2020
/ Bureau of Labor Statistics ,
Employee Training ,
Employer Liability Issues ,
Full-Time Employees ,
Labor Standards Enforcement ,
Occupational Exposure ,
OSHA ,
Safety Standards ,
Slip and Fall ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence ,
Wrongful Death
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
12/24/2019
/ Agribusiness ,
Air Quality Standards ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Department of Environmental Protection ,
Dispensaries ,
Electricity ,
Energy Efficiency ,
Environmental Liability ,
Farms ,
Hazardous Waste ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Interstate Commerce ,
Land-Use Permits ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
National Emissions Standards ,
Nuisance ,
Pesticides ,
Popular ,
Product Packaging ,
Recreational Use ,
Recycling ,
Regulatory Oversight ,
Retail Market ,
Toxic Chemicals ,
Volatile Organic Compounds (VOC) ,
Waste ,
Waste Disposal ,
Water Usage
Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more
12/19/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Good Faith ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more
12/12/2019
/ Employer Liability Issues ,
General Duty Clause ,
Health Care Providers ,
Healthcare Workers ,
Hostile Environment ,
Legislative Agendas ,
Mass Shootings ,
OSHA ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Management ,
Social Services ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: Employers face growing numbers of OSHA whistleblower complaints from aggrieved employees, largely alleging that they faced discipline and discharge on account of safety complaints. The Agency’s recent...more
12/6/2019
/ Anti-Retaliation Provisions ,
Complaint Procedures ,
Employer Liability Issues ,
Government Investigations ,
Internal Reporting ,
Labor Regulations ,
Liability ,
OSHA ,
Retaliation ,
Whistleblower Protection Policies ,
Whistleblowers
Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more
11/22/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Citations ,
Contested Proceedings ,
Employer Liability Issues ,
Excusable Neglect ,
Late Notices ,
Notice Requirements ,
OSHA ,
Safety Standards ,
Workplace Safety
The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities.
...more
11/22/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
Pending Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more
10/28/2019
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Disability Discrimination ,
Employer Liability Issues ,
Federal v State Law Application ,
Marijuana ,
Medical Marijuana ,
Policy Statement ,
Workplace Injury ,
Workplace Safety ,
Zero Tolerance Policies
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more
10/21/2019
/ Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Distracted Driving ,
Employer Liability Issues ,
FMCSA ,
Mobile Device Management ,
Motor Carriers ,
Negligence ,
Texting ,
Trucking Accident ,
Trucking Industry ,
Trucking Regulations
Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving.
OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.” ...more
10/16/2019
/ Car Accident ,
Distracted Driving ,
Employer Liability Issues ,
Mobile Device Management ,
Negligence ,
OSHA ,
Risk Management ,
Tort ,
Traveling Employee ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
10/15/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Termination ,
Trucking Industry ,
Zero Tolerance Policies
Seyfarth Synopsis: The FCC has proposed new rules that would require employers to have compliant phones systems for 911 direct dialing....more
Seyfarth Synopsis: Federal OSHA has put grain handling safety right up-front on its main homepage. OSHA wants you to “learn how to stay safe during grain handling operations.”...more
Seyfarth Synopsis: The Michigan Occupational Safety and Health Administration has amended its construction safety and health standards for fixed and portable ladders. The updated standard adds specified requirements for the...more
Seyfarth Synopsis: The Nanotechnology Research Center (NTRC), part of the National Institute for Occupational Safety and Health (NIOSH), has identified new safety hazards from the expanding nanotechnology industry....more
Last week, Seyfarth submitted comments regarding the DOL’s proposal to update the federal regulations that set the standard for determining whether a business can be held liable as a joint employer under the FLSA. ...more
Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more
6/28/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more
6/26/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Legislative Agendas ,
Rate of Pay ,
Reimbursements ,
Rest and Meal Break ,
Rulemaking Process ,
Sick Pay ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour
Seyfarth Synopsis: Illinois Governor J.B. Pritzker is expected to sign a new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline...more
Seyfarth Synopsis: New Decision from Illinois Court of Appeals holds that employer can be liable for workplace violence under Illinois Gender Violence Act....more
Seyfarth Synopsis: Smoke produced during surgical procedures is carcinogenic and can carry pathogens. Employers who fail to abate surgical smoke hazards may face liability from employee injuries and OSHA citations....more
Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more
5/16/2019
/ Adverse Employment Action ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training. New and inexperienced workers...more