Adam Young at Seyfarth Shaw LLP

Updated Combustible Dust NFPA Industry Consensus Standard Gives OSHA New Tool to Cite Employers: Does Your Facility Comply?

Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020. Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of...more

4/30/2019 / Chemical Safety Board , Combustible Dust , Cooperative Compliance Regime , Manufacturing Facilities , OSHA , Policies and Procedures , Regulatory Standards , Safety Standards , Toxic Exposure , Workplace Hazards , Workplace Illness and Injury Reporting , Workplace Injury , Workplace Safety

Health Care Employers Face Workplace Safety Challenges from Virulent New Multidrug-Resistant Fungus

Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to...more

4/23/2019 / Americans with Disabilities Act (ADA) , Clinical Laboratories , Employer Liability Issues , Family and Medical Leave Act (FMLA) , Health and Safety , Health Care Providers , Healthcare Workers , Infectious Diseases , Occupational Exposure , OSHA , Risk Management , Workers' Compensation Claim , Workplace Hazards , Workplace Safety

OSHA Failed to Follow Own Procedures in Issuing Suspect Guidance Documents, Inspector General Finds

Seyfarth Synopsis: The DOL Inspector General recently issued an audit report that “OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed,” Report No. 02-19-001-10-105 (March 28, 2019)....more

4/5/2019 / Administrative Procedure Act , Health and Safety , Inspector General , OIG , OSHA , Performance Reviews , Policies and Procedures , Supervisory Guidance

Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. ...more

3/29/2019 / Duty of Care , Employer Liability Issues , Employment Litigation , Joint Employers , OSHA , Safety Violations , Strict Liability , Workplace Hazards , Workplace Injury , Workplace Safety

Cintas Becomes First Employer to Reach 100 Certified OSHA VPP-Star Worksites

Seyfarth Synopsis: Cintas Corporation has recently become the first company to reach 100 sites with OSHA’s Voluntary Protection Program (VPP) (Program) Star certification....more

3/29/2019 / Employer Liability Issues , Health & Safety Standard , Occupational Exposure , OSHA , Regulatory Standards , Workplace Hazards , Workplace Injury , Workplace Safety

Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence

Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more

3/27/2019 / Administrative Law Judge (ALJ) , Emergency Management Plans , Employer Liability Issues , Employment Policies , General Duty Clause , Healthcare , Home Healthcare Workers , Hostile Environment , Mass Shootings , OSHA , Workplace Hazards , Workplace Safety , Workplace Violence

NIOSH Releases Behind the Wheel at Work Newsletter on Motor Vehicle Safety

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its Behind the Wheel at Work Newsletter with the “latest news from the NIOSH Center for Motor Vehicle Safety.”...more

3/25/2019 / Car Accident , Employee Training , Employer Liability Issues , Employment Policies , Motor Vehicles , NIOSH , Safety Standards , Workplace Hazards , Workplace Safety

Six States Sue – Alleging that Trump Administration Electronic Reporting Rule is Unlawful

Seyfarth Synopsis: According to several states that have sued the Occupational Safety and Health Administration in Federal Court, the Agency did not provide sufficient justification to rollback the electronic reporting rule...more

3/12/2019 / Electronic Reporting , Employer Liability Issues , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury , Workplace Safety

Former OSHA Deputy Assistant Secretary Jordan Barab Is Appointed To Congressional Committee To Provide OSHA Oversight

Seyfarth Synopsis: Jordan Barab, former Deputy Assistant Secretary of OSHA, announced on his blog this week that he would “start full time work at the Education and Labor Committee in the House of Representatives” to provide...more

2/18/2019 / Congressional Committees , Employer Liability Issues , OSHA , Regulatory Agenda , Regulatory Oversight , Workplace Hazards , Workplace Injury , Workplace Investigations , Workplace Safety

OSHA And Title VII On Workplace Violence In Healthcare And Social Assistance

Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019)....more

2/15/2019 / Civil Rights Act , Employer Liability Issues , General Duty Clause , Healthcare Facilities , Healthcare Workers , Hostile Environment , OSHA , Policies and Procedures , Risk Mitigation , State and Local Government , State Labor Laws , Title VII , Workplace Hazards , Workplace Injury , Workplace Safety , Workplace Violence

OSHA Issues New Rule That Companies Are Not Required To Submit OSHA 300 And 301 Forms Electronically

Seyfarth Synopsis: OSHA has just issued its final rule that removes the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and...more

1/28/2019 / Deregulation , Electronic Filing , Employer Liability Issues , OSHA , Reporting Requirements , Required Forms , Trump Administration , Workplace Injury , Workplace Safety

Future Enterprises, Government Inspections, and Drones: Agencies are Using Drones More and More for Site Inspections

Employers should be aware that OSHA and some state environmental agencies are now using unmanned aircraft systems (UAS) or “drones” in select inspections and investigations. ...more

12/19/2018 / Employer Liability Issues , Health and Safety , OSHA , Safety Inspections , Safety Violations , Workplace Hazards , Workplace Safety

Can You Dig It? OSHA Releases Onerous New National Emphasis Program On Trenching and Excavation

Seyfarth Synopsis: OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or...more

12/12/2018 / Construction Project , Employer Liability Issues , Excavation , Inspection Rights , Negligence , OSHA , Safety Inspections , Safety Laws , Workplace Hazards , Workplace Injury , Workplace Safety

Workplace 911: Employer Telephone Systems May Need to be Revamped to Meet New and Pending Rules

Seyfarth Synopsis: New state and federal laws and rules require employers to have compliant phones systems for 911 direct dialing and E-911....more

12/4/2018 / 911 Calls , Emergency Management Plans , Employee Handbooks , Employer Liability Issues , FCC , Regulatory Oversight , Regulatory Requirements , Safety Equipment , Safety Standards , Telecommunications

Fifth Circuit Last To Uphold OSHA’s Multi-Employer Worksite Doctrine

Seyfarth Synopsis: We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general...more

11/30/2018 / Administrative Law Judge (ALJ) , Employer Liability Issues , OSHA , Policies and Procedures , Statutory Interpretation , Workplace Safety

What To Do When You Go “AH-CHOO!” An Employer’s Guide For Dealing With Infectious Diseases

The flu and cold season is now approaching. Tragically, each year, a number of deaths result from flu and other infectious diseases. Employers again routinely face concerns about how to respond to highly infectious diseases...more

11/14/2018 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Employment Policies , Incident Response Plans , Infectious Diseases , OSHA , Premises Liability , Public Health , Reasonable Accommodation , Vaccinations , Workers' Compensation Claim

National Safety Council Congress Session On Driving Safety – The Missing Link In Your Company Safety And Health Management Systems

Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.” ...more

11/6/2018 / Company Cars , Employer Liability Issues , Employment Policies , Workplace Hazards , Workplace Safety

National Safety Council Congress: Executive Forum Industry 4.0 – EHS in the Future of the Workplace

Seyfarth Synopsis: This week at the 2018 National Safety Council (NSC) Congress the speakers on this Executive Forum noted that “automation, wearables, augmented reality, virtual reality, drones, big data, machine learning,...more

10/26/2018 / Health and Safety , Technology , Wearable Technology , Workplace Safety

OSHA Clarifies Position On Lawful Post-Incident Drug Testing And Reverses Course On Safety Incentive Programs

Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on...more

10/15/2018 / Drug Testing , Employee Incentive Plans , Employment Policies , OSHA , Workplace Injury , Workplace Safety

Workplace Hazards And Pregnancy – What’s An Employer To Do?

Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more

9/17/2018 / Americans with Disabilities Act (ADA) , Disability Discrimination , Employee Reassignment , Employee Rights , Employer Liability Issues , Employment Policies , OSHA , Pregnancy , Pregnancy Discrimination , Reasonable Accommodation , Risk Mitigation , Workplace Hazards , Workplace Safety

The Rain Is Coming: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

Seyfarth Synopsis: With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding....more

9/11/2018 / Emergency Management Plans , Employer Liability Issues , Hazardous Substances , Hurricane Season , Mandatory Evacuation , Natural Disasters , OSHA , Policies and Procedures , Public Health , Public Safety , Severe Weather , Wage and Hour , Workplace Hazards , Workplace Safety

History Comes Back to Bite Employer — Criminal Conviction and $500,000 Fine Upheld in Eighth Circuit for Violating Fall Protection...

Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. ...more

7/23/2018 / Appeals , Criminal Convictions , Employer Liability Issues , Employment Litigation , OHSA , Regulatory Requirements , Safety Standards , Workplace Injury , Workplace Safety

Adam Young

Seyfarth Shaw LLP

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