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Cal/OSHA Approves Emergency Temporary COVID-19 Standard

Seyfarth Synopsis: The California Department of Industrial Relations’ Office of Administrative Law has approved a California OSHA emergency temporary standard regarding COVID-19, effective November 30, 2020. It brings with it...more

What to Expect from OSHA in a Biden Administration

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...more

Oregon OSHA Issues COVID-19 Temporary Rule

Seyfarth Synopsis: Oregon OSHA finalized its COVID-19 temporary rule, OAR 437-001-0744, Addressing COVID-19 Workplace Risks, on November 6, 2020, with most provisions effective as of November 16, 2020; the rule sunsets on May...more

CDC Expands Definition of “Close Contact” to Include Contact Within Six Feet for 15 Minutes or More, With Minutes Aggregated Over...

Seyfarth Synopsis: The CDC continues to expand its guidance on the potential routes of COVID-19 transmission, changing its definition of “close contact” of 15 minutes or more within 6 feet, to now mean 15 minutes aggregated...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

Keep Out: How to Stop Drugs and Alcohol from Entering in the Workplace

1.  Introduction - Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country.  The legal environment is rapidly changing for many drugs, and additional...more

Cal/OSHA Cites Food Manufacturer and its Staffing Firm for Failing to Protect Hundreds of Workers from COVID-19 Exposure

Seyfarth Synopsis: Cal/OSHA, in a press release, noted that it recently issued citations to a food manufacturer and its temporary employment agency, with over $200,000 in proposed penalties to each employer for “failing to...more

Cal/OSHA Announces Citations to Multiple Employers for COVID-19 Violations

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

CDC Guidance on Workplace Violence in Retail Associated with COVID-19, Customer Face Mask Enforcement

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

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

Virginia Adopts Emergency Workplace Safety Regulations

Seyfarth Synopsis: In late May, Virginia Governor Ralph Northam directed the state’s Department of Labor and Industry (DLI) to develop emergency temporary standards to prevent workplace exposure to COVID-19. Those rules were...more

OSHA Updates FAQs on Face Masks in the Workplace

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has updated its frequently asked questions and answers to advise employers about the use of face masks in the workplace....more

Heat Illness – A Phantom Menace: Sweatt Blogs on Safety Measures and Heat Illness in the Workplace

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

OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations

Seyfarth Synopsis: OSHA issued its first COVID-19 citation to a Georgia nursing home. The citation alleges a failure to report within 24-hours a work-related incident resulting in hospital admissions....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

OSHA Issues Updated Interim Enforcement Response Plan for Coronavirus Disease

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

CDC Revises Symptoms List for Coronavirus (COVID-19) Screening

Seyfarth Synopsis: In the last two weeks, the CDC has updated the list of symptoms for COVID-19 on several occasions, eliminating the “two or more” list and adding “less common” symptoms and emergency warning signs....more

Judge Dismisses Lawsuit Seeking to Enjoin Employer to Implement Additional Safety Measures

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

Heat Illness Strikes Back: Return to Work’s Untold Story

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

OSHA Issues COVID-19 Guidance for the Construction Workforce

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

OSHA Issues Temporary Guidance on Using Enforcement Discretion During the Coronavirus Pandemic

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply with...more

OSHA Issues COVID-19 Guidance for the Package Delivery Employers

Seyfarth Synopsis: OSHA has issued a COVID-19 guidance for package delivery employers. OSHA offers recommendations to help reduce employees’ risk of exposure to the coronavirus, including administrative controls, hygiene...more

OSHA Publishes Interim Enforcement Response Plan for COVID-19 Inspections

Seyfarth Synopsis: On April 13, 2020, OSHA released an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which is intended to provide instructions and guidance to Area Offices and compliance safety and...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

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