Seyfarth Synopsis: Cal/OSHA announced that it has cited eleven employers for not protecting employees from COVID-19 exposure during inspections of industries where workers have an elevated risk of exposure. The industries...more
Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more
8/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
General Duty Clause ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Retail Workers ,
Retailers ,
Social Distancing ,
Workplace Violence
Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more
Seyfarth Synopsis: OSHA Administrator Loren Sweatt recently blogged related to heat illness in the workplace as “forecasters are calling for above-average heat in some parts of the country and scorching temperatures in July...more
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has adopted a Revised Enforcement Guidance for Recording Cases of COVID-19. Under the OSHA regulations and the revised guidance, most cases of...more
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
Seyfarth Synopsis: In Rural Community Worker’s Alliance et al v. Smithfield Foods, Inc. et al., No. 5:20-cv-6063 (W.D. Mo. May 5, 2020), Western District of Missouri Judge Greg Kays granted Smithfield’s motion to dismiss...more
Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out of practice on workplace safety procedures, and may have...more
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued an alert listing safety tips (guidance) employers can follow to help protect construction workers from exposure to the coronavirus....more
The Centers for Disease Control and Prevention (CDC) and Federal Occupational Safety and Health Administration (OSHA) have issued guidance documents to help employers minimize hazards of Coronavirus / COVID-19 exposures in...more
Seyfarth Synopsis: The WHO has officially declared COVID-19 to be a global “pandemic,” triggering new considerations for employers....more
3/13/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
Seyfarth Synopsis: With coronavirus infections continuing to spread both in the US and abroad, fears of a pandemic with serious disruptions to the economy and everyday life continue to grow. Concerns are compounded for...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Home Healthcare Workers ,
Infectious Diseases ,
OCR ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Assessment ,
Risk Management ,
Telemedicine ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: Cal/OSHA has issued guidance on protecting workers from exposure to 2019 Novel Coronavirus (2019-nCoV or Coronavirus)....more
2/6/2020
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Emergency Management Plans ,
Emergency Response ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: In its introduction to its New Active shooter training materials, the Illinois State Police note that “civilians that are present at any given incident are the true first responders.”...more
2/5/2020
/ Emergency Management Plans ,
Employer Liability Issues ,
First Responders ,
Health and Safety ,
Hostile Environment ,
Law Enforcement ,
Mass Shootings ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
Shootings ,
Training ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Seyfarth Synopsis: By now, the worldwide health authorities and media have publicized the 2019 Novel Coronavirus (2019-nCoV) (sometimes called Coronavirus) (the “virus” or “disease”) that has been first identified in Wuhan,...more
1/30/2020
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
China ,
Employee Privacy Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Premises Liability ,
Public Health ,
Regulatory Requirements ,
Risk Management ,
Risk Mitigation ,
Wage and Hour ,
Workers' Compensation Claim
Seyfarth Synopsis: First American case reported of deadly new Chinese coronavirus.
The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel...more
1/22/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Public Health ,
Risk Management ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work...more
1/22/2020
/ Bodily Injury ,
Citations ,
Construction Project ,
Construction Workers ,
Contractors ,
Employer Liability Issues ,
Fines ,
Labor Law Violations ,
OSHA ,
Penalties ,
Reputation Management ,
Safety Inspections ,
Safety Violations ,
Severe Violators Enforcement Program (SVEP) ,
Slip and Fall ,
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: 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
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: 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
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
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