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Employers Feeling the Heat: Washington Adopts Permanent Changes to Outdoor Heat Exposure Rules Effective July 17, 2023

Seyfarth Synopsis: Effective July 17, 2023, employers with outdoor workers in the state of Washington will be required to follow revised heat illness prevention rules. The revised rules modify Washington’s long-standing 2008...more

Cal/OSHA Definition Changes Make Outbreaks Less Likely

Seyfarth Synopsis: On June 20, 2023, the California Department of Public Health (CDPH) updated its guidance to local health departments on the definition of a COVID-19 outbreak. The new definition changes the timeframe for...more

Small Business Panel has Big Recommendations for Potential OSHA Workplace Violence Prevention Standard

Seyfarth Synopsis: A Small Business Advocacy Review Panel for a potential OSHA standard to address Prevention of Workplace Violence in the Healthcare and Social Assistance sectors concluded on May 1, 2023....more

See Through the Haze: NIOSH Guidance on Outdoor Workers Exposed to Wildfire Smoke

Seyfarth Synopsis: As Canadian wildfire smoke spreads across the Northern United States, employers should review the CDC/NIOSH guidance on occupational exposure to wildfire smoke and implement effective measures to protect...more

Oregon to Assess Highest-in-Nation OSHA Penalties of up to $250,000 Per Violation

For many years, Oregon has been among the states that issued the lowest workplace safety penalties per violation. Not anymore. Effective May 24, 2023, Oregon passed a new law (SB 592A) turning its workplace safety penalties...more

OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls

Seyfarth Synopsis: OSHA has just announced a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections....more

Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best...

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant...more

Cal/OSHA Turns Up The Heat on Employers

Seyfarth Synopsis: After a lengthy delay due in part to the COVID-19 pandemic, Cal/OSHA has published its proposed indoor heat illness prevention standard. After the publication, there is a 45-day comment period, ending at...more

Biden Administration Requests Big Budget Increase For OSHA

Seyfarth Synopsis: The Biden Administration is seeking a 17% funding increase for OSHA under the Department of Labor’s fiscal year 2024 budget request....more

EPA Proposes First-Ever National Standard for PFAS in Drinking Water

Seyfarth Synopsis: The U.S. Environmental Protection Agency’s (EPA) has announced that it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action...more

Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices

Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose...more

OSHA Reiterates Concerns About Occupational Hearing Damage and Loss

Seyfarth Synopsis: Occupational noise exposure is common in certain industries across the United States, such as construction, manufacturing, and even warehousing and logistics. According to OSHA, the “Center for Disease...more

OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

A Hobson’s Choice: OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

As Fatality Numbers Skyrocket, OSHA Scrutinizes Trenching and Excavation Hazards with Redoubled Enforcement

Seyfarth Synopsis: OSHA announced enhanced enforcement and oversight efforts following an “alarming rise” in trenching fatalities, intended to draw attention to construction worker safety and present issues and solutions....more

More Big Money: OSHA and EPA Civil Penalties Increase for 2023

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2023 increases to civil penalties....more

From Snowmageddon to Snowpocalypse: OSHA Highlights Potential Winter Weather Hazards

Seyfarth Synopsis: On its website, OSHA is highlighting the hazards of working in winter weather and providing resources for employers to help protect their workers....more

COVID-19 Healthcare Permanent Standard Remains Under White House Review

Seyfarth Synopsis: On December 7, 2022, OSHA submitted its permanent “Occupational Exposure to COVID-19 in Healthcare Settings” standard to the White House Office of Management and Budget’s Office of Information and...more

NIOSH Best Practices to Help Host Employers Protect Temporary Workers

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) has released a new set of best practices to assist host employers in better protecting the safety and health of temporary workers....more

Cal/OSHA Approves Non-Emergency COVID-19 Standard In Time for the Holidays

Seyfarth Synopsis: On Thursday, December 15, 2022, the Occupational Safety and Health Standards Board (“OSHSB”) approved the long-proposed 2-year “permanent” COVID-19 standard. The new standard will take effect on January 1,...more

Doctor, Doctor, Give Me the News: OSHA Moving Forward with COVID-19 Healthcare Permanent Standard

Seyfarth Synopsis: On December 7, 2022, OSHA submitted its “Occupational Exposure to COVID-19 in Healthcare Settings” standard to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs...more

Employers Must Update Injury Tracking Application (ITA) Account and Submit OSHA Form 300A Summaries Through Login.gov

Seyfarth Synopsis: OSHA requires employers to upload certain information to its Injury Tracking Application (ITA) each year by March 2. This year, OSHA is transitioning employer login information from individual accounts to...more

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