Adam Young on Employer Liability Issues

Sweltering Heat and Suffocating Smoke in PNW: Oregon OSHA and Washington L&I Issue Heat Exposure and Wildfire Smoke Rules

Seyfarth Synopsis: With 2021’s record-breaking temperatures and diminished air quality from wildfires in the Pacific Northwest, Oregon OSHA and Washington State Department of Labor & Industries (“L&I”) have released permanent...more

7/1/2022 / Employer Liability Issues , Heat Exposure , OSHA , Workplace Hazards , Workplace Safety

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

6/2/2022 / Employer Liability Issues , General Contractors , Multi-Employer Worksites , OSHA , Subcontractors , Workplace Hazards

Conduct Guarding Analyses Under Attorney-Client Privilege! OSHA Issues Willful Violation after Uncorrected Alleged Guarding Issue...

Seyfarth Synopsis: A manufacturer was issued a “willful citation” for failure to correct a machine guarding deficiency identified in a previous audit....more

5/11/2022 / Attorney-Client Privilege , Employer Liability Issues , OSHA , Workplace Injury , Workplace Safety

Vice President Harris Announces New OSHA Emphasis Program for Heat Illness

Seyfarth Synopsis: The federal Occupational Safety and Health Administration has launched a National Emphasis Program to protect “millions of workers from heat illness and injuries. Through the program, OSHA will conduct...more

4/14/2022 / Employer Liability Issues , Heat Exposure , OSHA , Workplace Hazards , Workplace Safety

OSHA Aims to Boost Injury Reporting Rule Compliance with its Injury Tracking Application Enforcement Program

Seyfarth Synopsis: As we previously blogged, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking to expand requirements for employers to submit OSHA forms via its Injury Tracking...more

4/7/2022 / Employer Liability Issues , OSHA , Reporting Requirements , Workplace Injury , Workplace Safety

Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012,...more

4/6/2022 / Drug Testing , Employer Liability Issues , Employment Policies , Marijuana

The Empire Strikes Back: New Rule Will Require Many Employers To Submit More OSHA Forms Electronically

Seyfarth Synopsis: The Occupational Safety and Health Administration is proposing to amend its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to...more

3/30/2022 / Electronic Filing , Employer Liability Issues , OSHA , Workplace Illness and Injury Reporting , Workplace Injury

Latest Biden Administration Order Requires Some Employers to Pay for Cost of COVID Testing

Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden...more

1/12/2022 / Biden Administration , Coronavirus/COVID-19 , Corporate Counsel , Employer Liability Issues , Infectious Diseases , Vaccinations , Virus Testing , Workplace Safety

OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19...more

12/20/2021 / Coronavirus/COVID-19 , Employer Liability Issues , Employer Mandates , Infectious Diseases , OSHA , Vaccinations , Virus Testing , Workplace Safety

Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2021

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual...more

12/1/2021 / Employer Liability Issues , OSHA , Safety Violations , Workplace Safety

Impacts of 5th Circuit Extension on Employers OSHA ETS Compliance

On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more

11/17/2021 / Coronavirus/COVID-19 , Employer Liability Issues , Employer Mandates , Infectious Diseases , OSHA , Vaccinations , Virus Testing , Workplace Safety

New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are...

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA)....more

11/15/2021 / Drug Testing , Employer Liability Issues , Marijuana , Marijuana Regulation & Taxation Act (MRTA) , NYDOL

OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS...more

11/5/2021 / Coronavirus/COVID-19 , Employer Liability Issues , Employer Mandates , Health and Safety , Infectious Diseases , OSHA , Recordkeeping Requirements , Vaccinations , Virus Testing , Workplace Safety

OSHA Begins the Process to Issue Heat Illness Standard for Indoor and Outdoor Workplaces

Seyfarth Synopsis: OSHA is initiating a rulemaking to develop a heat illness standard....more

11/1/2021 / Employer Liability Issues , Heat Exposure , Occupational Exposure , OSHA , Workplace Hazards , Workplace Safety

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

10/14/2021 / Biden Administration , Coronavirus/COVID-19 , Employer Liability Issues , Employer Mandates , Infectious Diseases , OIRA , OSHA , Popular , Vaccinations , Workplace Safety

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

10/12/2021 / Corporate Counsel , Electronic Filing , Employer Liability Issues , OSHA , Reporting Requirements , Workplace Injury , Workplace Safety

OSHA Publishes Heat Illness Inspection Guidance

Seyfarth Synopsis:OSHA recently announced a three-pronged approach to establish a heat illness enforcement initiative, pertaining to both indoor or outdoor work settings: an enforcement memorandum, a National Emphasis...more

9/21/2021 / Corporate Counsel , Employer Liability Issues , Health and Safety , Heat Exposure , OSHA , Workplace Safety

OSHA Revises National Emphasis Program, and Updates Interim Enforcement Response Plan for COVID-19

Seyfarth Synopsis: On June 28, 2021, OSHA published a Compliance Directive, DIR 2021-02 (CPL 02), covering inspection procedures and enforcement policies for the Emergency Temporary Standard for COVID-19. The new directive...more

7/13/2021 / Coronavirus/COVID-19 , Employer Liability Issues , Health and Safety , Infectious Diseases , OSHA , Workplace Safety

Heat Illness and Back to Work — Summer 2021

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

6/24/2021 / Coronavirus/COVID-19 , Employer Liability Issues , Heat Exposure , NIOSH , Occupational Exposure , Workplace Hazards , Workplace Injury , Workplace Safety

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

6/23/2021 / Coronavirus/COVID-19 , Emergency Management Plans , Employer Liability Issues , Health and Safety , Infectious Diseases , OSHA , Workplace Safety

Fast and Furious 3: Cal/OSHA’s Emergency Temporary Standard Drift

Seyfarth Synopsis: Following its June 3, 2021 meeting, when the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), the Board convened an emergency...more

6/16/2021 / Cal-OSHA , Coronavirus/COVID-19 , Employer Liability Issues , Infectious Diseases , Occupational Exposure , Workplace Safety

OSHA Advises Employers Not to Record Adverse Reactions From Voluntary COVID-19 Vaccines on the 300 Log

Seyfarth Synopsis: OSHA yesterday issued an additional guidance addressing whether employers need to record adverse vaccine reactions on their 300 Logs....more

4/21/2021 / Coronavirus/COVID-19 , Employer Liability Issues , Infectious Diseases , OSHA , Workplace Safety

NSC Updates OSHA “Top Ten” Most Frequently Cited Standards for 2020

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top ten cited standards. The list provides a starting point for employers reviewing their own safety programs....more

4/5/2021 / Employer Liability Issues , OSHA , Workplace Hazards , Workplace Injury , Workplace Safety

New York Passes Recreational Cannabis Law

Seyfarth Synopsis: New York has become the latest state to enact a law protecting the use of personal nonmedical cannabis for individuals age 21 and over. As one of the nation’s largest cannabis markets, New York will...more

4/5/2021 / Employer Liability Issues , Employment Discrimination , Employment Policies , Governor Cuomo , New York , Recreational Use , State and Local Government

New Jersey Recreational Marijuana Law Provides Significant Employment Protections to Marijuana Users

Seyfarth Synopsis: New Jersey recently enacted a law permitting personal, nonmedical use of marijuana for individuals age 21 and over. Separate laws decriminalize marijuana and hashish possession and set out the penalties...more

3/8/2021 / Employer Liability Issues , Employment Policies , Marijuana , Recreational Use , State and Local Government , State Labor Laws

Adam Young

Seyfarth Shaw LLP

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › Employer Liability Issues