Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. ...more
OSHA recently released new publications directed towards safety professionals and managers. The publications offer guidance on what to look for during worksite safety check walk-arounds. In addition, OSHA suggests that the...more
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
Yesterday our panel from Seyfarth’s Workplace Safety team led a briefing on OSHA regulation and enforcement under the Trump Administration.
One year into the Trump Administration, employers’ expectations for a more...more
5/16/2018
/ Administrative Appointments ,
Best Practices ,
Employer Liability Issues ,
Enforcement Actions ,
OSHA ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Safety Inspections ,
Severe Violators Enforcement Program (SVEP) ,
Trump Administration ,
Whistleblowers ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: Due to the increased use of robotics and computer automation for many job functions that have historically been performed by employees raises, besides the traditional personnel and employment issues, a host...more
Seyfarth Synopsis: Employers are widely installing AEDs to protect employees and visitors, but some states require strict compliance with AED regulations to insulate employers form tort liability....more
We continue to attend the ABA Occupational Safety and Health Law Meeting this week in Santa Monica, California.
A hot topic, discussed at yesterdays meeting, is sexual harassment in the workplace....more
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting....more
Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual...more
Seyfarth Synopsis: In another example of OSHA’s refocus it has dropped from its home page the prominently placed listing of Worker Fatalities. ...more
Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more
Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry....more
Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more
5/16/2017
/ Agricultural Land ,
Agricultural Sector ,
Agricultural Workers ,
Employer Liability Issues ,
Employment Policies ,
Farms ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NIOSH ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Minnesota Supreme Court found that a job applicant need only prove that the employee’s interest in a 12-week maternity leave was the “substantial causative factor” that “actually motivated” the...more
Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause...more
Seyfarth Synopsis: As OSHA’s enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard....more
10/13/2016
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Distracted Driving ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Mobile Apps ,
Mobile Devices ,
OSHA ,
Pokemon ,
Protected Concerted Activity ,
Smartphones ,
Technology ,
Video Games ,
Workplace Safety
Seyfarth Synopsis: OSHA’s new Silica Rule will have a lasting effect on nearly 2.3 million workers and over 675,000 employers. The chances are high that the new Silica Rule will affect your business and may require you to...more
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
Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA).
Employers in the food industry have a new headache to...more
5/3/2016
/ Adverse Employment Action ,
Burden of Proof ,
Employer Liability Issues ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Safety ,
FSMA ,
OSHA ,
Popular ,
Remedies ,
Retaliation ,
Statute of Limitations ,
Whistleblowers
By now, the worldwide health authorities and media have publicized the Zika virus disease (Zika) that has been reported throughout South America, Central America, and the Caribbean. Although the United States has only...more
2/12/2016
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
General Duty Clause ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Public Health ,
Travel Restrictions ,
Workers' Compensation Claim ,
Zika
In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more
10/19/2015
/ Administrative Interpretation ,
Administrative Law Judge (ALJ) ,
Agency Deference ,
Appeals ,
Employer Liability Issues ,
Lathes ,
OSHA ,
OSHRC ,
Penalties ,
Secretary of Labor ,
Vacated