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OSHA Post-Accident Rapid Response Investigation (RRI): Update Your Strategy

The Federal Occupational Safety and Health Administration (OSHA) requires employers to report certain serious injuries by telephone within twenty-four (24) hours. Injuries that must be reported include injuries that result in...more

OSHA Injury and Illness Reporting: What Employers Need to Know

Seyfarth Synopsis: Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA...more

Reverse Course! OSHA Again to Require Employers to Electronically Submit OSHA 300 Logs and 301 Reports

Seyfarth Synopsis: OSHA intends to restore an Obama-era requirement that employers submit OSHA 300 logs and OSHA 301 reports electronically, ostensibly to improve the Agency’s data and to potentially target employers with...more

Managing Post-Accident Communications – Preserving Legal Privileges and Limiting Liability

Hopefully most employers will never experience a serious workplace accident involving personal injury, property damage or both. This article will provide recommendations for an employer to respond in a forthright manner while...more

OSHA Issues Revised Enforcement Guidance for Recordingkeeping of COVID-19 Cases

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

New CDC Facemask Guidance Raises Liability Issues

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

Failure To Follow Company Own Internal Procedures Can Be Used Against It In OSHA 11(c) Retaliation Case

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

All State Plan Employers are Now Required to Electronically File 2017 Form 300A Data

Seyfarth Synopsis: To be compliant, employers in State Plans that have not yet adopted OSHA’s new rule for electronic filing of injury data for Calendar Year 2017, are required to file in the federal OSHA database....more

OSHA Accepting 2016 Electronically Submitted Injury, Illness Reports through December 31 AND Intends to Significantly Revise the...

Seyfarth Synopsis: OSHA’s has indicated in a news release that it “will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on December 31, 2017.”...more

OSHA Intends To “Reconsider, Revise, Or Remove Portions” Of Injury And Illness E-Reporting Rule Next Year

Seyfarth Synopsis: OSHA’s has indicated in a news release that it “intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions” of the “Improve Tracking of Workplace Injuries and Illnesses”...more

OSHA Extends E-Reporting Deadline To December 15, 2017

Synopsis:  As most employers probably know by now, OSHA’s revised recordkeeping rule requires certain employers to electronically file injury and illness data with OSHA. Originally the reporting deadline was July 1, 2017....more

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

OSHA’s New Electronic Reporting and Anti-Retaliation Rule Challenged By Industry Groups in Oklahoma

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

Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting

Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more

Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule. We previously blogged that OSHA had again delayed, to December 1, 2016,...more

OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date. OSHA announced today that it has again delayed the...more

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

OSHA New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

OSHA To Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically

Seyfarth Synopis: New OSHA final rule requires employer to submit data electornically, to be posted on the OSHA website. On May 12, 2016 the Occupational Safety and Health Administration published the final rules...more

OSHA To Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically

Seyfarth Synopsis: New OSHA final rule requires employer to submit data electronically, to be posted on the OSHA website. On May 12, 2016 the Occupational Safety and Health Administration published the final rules...more

Cal/OSHA District Offices Taking Expansive View of Injury/Illness Reporting Requirements

As many employers know, California frequently does things a little differently than other jurisdictions. Cal/OSHA is no exception....more

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