OSHA recently released new publications directed towards safety professionals and managers. The publications offer guidance on what to look for during worksite safety check walk-arounds. In addition, OSHA suggests that the...more
A recent Eastern District of Wisconsin case held that an OSHA 11(c) retaliation claim will survive summary judgment where the employer failed to comply with its own investigation procedures....more
OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview. 83 Fed. Reg....more
Yesterday our panel from Seyfarth’s Workplace Safety team led a briefing on OSHA regulation and enforcement under the Trump Administration.
One year into the Trump Administration, employers’ expectations for a more...more
5/16/2018
/ Administrative Appointments ,
Best Practices ,
Employer Liability Issues ,
Enforcement Actions ,
OSHA ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Safety Inspections ,
Severe Violators Enforcement Program (SVEP) ,
Trump Administration ,
Whistleblowers ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: Due to the increased use of robotics and computer automation for many job functions that have historically been performed by employees raises, besides the traditional personnel and employment issues, a host...more
Seyfarth Synopsis: Employers are widely installing AEDs to protect employees and visitors, but some states require strict compliance with AED regulations to insulate employers form tort liability....more
We continue to attend the ABA Occupational Safety and Health Law Meeting this week in Santa Monica, California.
A hot topic, discussed at yesterdays meeting, is sexual harassment in the workplace....more
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting....more
Seyfarth Synopsis: OSHA may refuse to allow its compliance officers to testify in civil tort proceedings....more
Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual...more
Seyfarth Synopsis: In another example of OSHA’s refocus it has dropped from its home page the prominently placed listing of Worker Fatalities. ...more
Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more
Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry....more
The White House announced on October 27th that it has nominated Scott A. Mugno to be the Assistant Secretary of Labor, Occupational Safety and Health. If confirmed, Mr. Mugno will serve as the Administrator of the federal...more
Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...more
Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more
5/16/2017
/ Agricultural Land ,
Agricultural Sector ,
Agricultural Workers ,
Employer Liability Issues ,
Employment Policies ,
Farms ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NIOSH ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Minnesota Supreme Court found that a job applicant need only prove that the employee’s interest in a 12-week maternity leave was the “substantial causative factor” that “actually motivated” the...more
Seyfarth Synopsis: The CSB found deficiencies in the facility’s design and labeling of the chemical loading stations, and failure to follow the company’s written chemical unloading procedures....more
Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause...more
Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more
Seyfarth Synopsis: The Affordable Care Act faces an uncertain future under the Trump administration, which will affect whistleblower provisions enforced by OSHA.
In October 2016, the Occupational Safety and Health...more
Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment...more
1/17/2017
/ Anti-Retaliation Provisions ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Databases ,
Electronic Reporting ,
Fifth Amendment ,
First Amendment ,
Lack of Authority ,
OSHA ,
Reporting Requirements ,
Workplace Safety
Seyfarth Synopsis: OSHA Publishes RFI on Proposed Rule Concerning Workplace Violence in Healthcare and Social Assistance Industries.
Federal OSHA currently enforces workplace violence under the General Duty Clause, under...more
Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.
The U.S....more
10/24/2016
/ Chemicals ,
Corporate Counsel ,
Exemptions ,
Farm Supplies ,
Farms ,
Hazardous Substances ,
Interpretive Rule ,
Notice and Comment ,
OSHA ,
Process Safety Management ,
Retail Sales ,
Rulemaking Process ,
Safety Standards ,
Trade Associations ,
Vacated
Seyfarth Synopsis: As OSHA’s enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard....more
10/13/2016
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Distracted Driving ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Mobile Apps ,
Mobile Devices ,
OSHA ,
Pokemon ,
Protected Concerted Activity ,
Smartphones ,
Technology ,
Video Games ,
Workplace Safety