The flu and cold season is now approaching. Tragically, each year, a number of deaths result from flu and other infectious diseases. Employers again routinely face concerns about how to respond to highly infectious diseases...more
11/14/2018
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Employment Policies ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Premises Liability ,
Public Health ,
Reasonable Accommodation ,
Vaccinations ,
Workers' Compensation Claim
Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on...more
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more
9/17/2018
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Reassignment ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
OSHA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding....more
9/11/2018
/ Emergency Management Plans ,
Employer Liability Issues ,
Hazardous Substances ,
Hurricane Season ,
Mandatory Evacuation ,
Natural Disasters ,
OSHA ,
Policies and Procedures ,
Public Health ,
Public Safety ,
Severe Weather ,
Wage and Hour ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand....more
Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Healthcare workers face a range of safety issues,...more
8/30/2018
/ Employer Liability Issues ,
Health Care Providers ,
Healthcare Workers ,
Hostile Environment ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
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
OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview. 83 Fed. Reg....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
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: OSHA may refuse to allow its compliance officers to testify in civil tort proceedings....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
The White House announced on October 27th that it has nominated Scott A. Mugno to be the Assistant Secretary of Labor, Occupational Safety and Health. If confirmed, Mr. Mugno will serve as the Administrator of the federal...more
Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...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: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more
Seyfarth Synopsis: The Affordable Care Act faces an uncertain future under the Trump administration, which will affect whistleblower provisions enforced by OSHA.
In October 2016, the Occupational Safety and Health...more
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
1/17/2017
/ Anti-Retaliation Provisions ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Databases ,
Electronic Reporting ,
Fifth Amendment ,
First Amendment ,
Lack of Authority ,
OSHA ,
Reporting Requirements ,
Workplace Safety
Seyfarth Synopsis: OSHA Publishes RFI on Proposed Rule Concerning Workplace Violence in Healthcare and Social Assistance Industries.
Federal OSHA currently enforces workplace violence under the General Duty Clause, under...more