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OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review

Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard requiring private employers with more than 100 employees to...more

OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” to the July 27, 2021 Centers for Disease Control...more

OSHA Gives Health Care Employers Green Light to Continue Permitting Facemask Exemptions, Despite New CDC Guidance

Seyfarth Synopsis: In light of rising cases of COVID-19, the CDC has recently reversed its prior facemask guidance, and has now required that both vaccinated and unvaccinated individuals wear masks indoors in areas where...more

OSHA’s Emergency Temporary Standard Published on June 21, 2021

Seyfarth Synopsis: On June 21, 2021, the federal register published OSHA’s COVID-19 emergency temporary standard (“ETS”), focused on the health care industry....more

OSHA’s Emergency Temporary Standard Narrowly Focused on the Health Care Sector, Guidance Updated for Other Sectors

Seyfarth Synopsis: On June 9, 2021, at the tail end of prepared remarks before the House Education and Labor Committee, Secretary of Labor Marty Walsh announced – not with a bang, but with a whimper – that OSHA would publish...more

President-Elect Biden Selects Boston Mayor Marty Walsh as Labor Secretary

Seyfarth Synopsis: If confirmed as Labor Secretary, past union leader, Mayor Marty Walsh, would succeed former corporate employment attorney, Eugene Scalia. Secretary Scalia has been criticized by organized labor and other...more

What to Expect from OSHA in a Biden Administration

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...more

CDC Issues Updated Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation Due to COVID-19

Seyfarth Synopsis: CDC explains that the shutdown or reduced operation of a building and reductions in normal water use can create hazards for returning occupants. It recommends in its updated Guidance for Reopening Buildings...more

OSHA Issues Updated Interim Enforcement Response Plan for Coronavirus Disease

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has adopted an Updated Interim Enforcement Response Plan for Coronavirus Disease (ERP). Now, as states begin reopening their economies, the...more

OSHA Issues Temporary Guidance on Using Enforcement Discretion During the Coronavirus Pandemic

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply with...more

OSHA Issues COVID-19 Guidance for the Package Delivery Employers

Seyfarth Synopsis: OSHA has issued a COVID-19 guidance for package delivery employers. OSHA offers recommendations to help reduce employees’ risk of exposure to the coronavirus, including administrative controls, hygiene...more

OSHA Issues COVID-19 Guidance for Retail Employers

Seyfarth Synopsis: OSHA has issued COVID-19 guidance for retail employers, including tips that can help reduce employees’ risk of exposure to the coronavirus. OSHA’s recommendations feature administrative controls, hygiene...more

OSHA Publishes Interim Enforcement Response Plan for COVID-19 Inspections

Seyfarth Synopsis: On April 13, 2020, OSHA released an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which is intended to provide instructions and guidance to Area Offices and compliance safety and...more

OSHA Publishes Enforcement Guidance on Recording Cases of COVID-19

Seyfarth Synopsis: On April 10, 2020, OSHA released new interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to recording occupational illnesses,...more

OSHA FY 2021 Congressional Budget Anticipates More Inspections to Come

Seyfarth Synopsis: OSHA’s enforcement budget increase to drive increase in 2021 inspections. ...more

Holy Smoke! Health Care Employers Must Abate Surgical Smoke Hazards in the Operating Room

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

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

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

What Not to Do: Construction Contractor Charged With Lying to OSHA

Seyfarth Synopsis: A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through. ...more

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

OSHA Issues FAQs For General Industry For Crystalline Silica Standard

Seyfarth Synopsis: OSHA has recently issued a Frequently Asked Questions for General Industry for the Respirable Crystalline Silica Standard. We had noted previously in the blog that most of the provisions of the...more

On And On We Go – Coalition Groups Sue DOL For The Rollback Rule

Seyfarth Synopsis: OSHA has just been sued for removing the requirements for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and...more

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

OSHA Civil Penalties Going Up Again – Adopts 2019 Maximums

Seyfarth Synopsis: The DOL has published its 2019 OSHA civil penalties. We had blogged previously about the U.S. Department of Labor’s (DOL) 2018 adjustments to the maximum civil penalty dollar amounts for OSHA violations....more

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

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