We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more
3/11/2019
/ Administrative Law Judge (ALJ) ,
Construction Industry ,
Employer Liability Issues ,
Health & Safety Standard ,
OSH Act ,
OSHA ,
Regulatory Oversight ,
Regulatory Requirements ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more
3/7/2019
/ Beryllium Exposure ,
Emergency Management Plans ,
Employer Liability Issues ,
Health & Safety Standard ,
Mandatory Evacuation ,
Occupational Exposure ,
OSHA ,
Safety Violations ,
Silica ,
Whistleblowers ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
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
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
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
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
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
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
Seyfarth Synopsis: The Centers for Disease Control and Prevention’s (CDC) recent report indicates that vector-borne diseases are a rising causes of illness for outdoor workers in the United States. ...more
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: The Occupational Safety and Health Administration announced that it is pushing back the effective date of parts of the rule limiting workers’ exposure to beryllium until May, while it negotiates with...more
3/8/2018
/ Beryllium Exposure ,
Construction Industry ,
Delays ,
Employer Liability Issues ,
Health & Safety Standard ,
Manufacturers ,
Occupational Exposure ,
OSHA ,
Shipyard Industry ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more
2/8/2018
/ Employer Liability Issues ,
Health Care Providers ,
Healthcare Workers ,
Hostile Environment ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
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: 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
Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more
Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more
Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more
Seyfarth Synopsis: OSHA is sponsoring a “Safe + Sound Week,” another example of a more cooperative approach to worker safety and health issues....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: OSHA has just announced a three month delay of enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153.
Crystalline silica is a staple of our modern society. OSHA notes...more
Seyfarth Synopsis: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their...more
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational...more
The Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard.
We had previously...more
Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015.
The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...more