Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.
The U.S....more
10/24/2016
/ Chemicals ,
Corporate Counsel ,
Exemptions ,
Farm Supplies ,
Farms ,
Hazardous Substances ,
Interpretive Rule ,
Notice and Comment ,
OSHA ,
Process Safety Management ,
Retail Sales ,
Rulemaking Process ,
Safety Standards ,
Trade Associations ,
Vacated
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: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more
8/16/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Administrative Review Board ,
Appeals ,
Back Pay ,
Commercial Truck Drivers ,
Corporate Counsel ,
Hiring & Firing ,
OSHA ,
Protected Activity ,
Public Safety ,
Reinstatement ,
Retaliation ,
Standard of Review ,
Surface Transportation Assistance Act (STAA) ,
Trucking Industry ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: U.S. Chemical Safety Board offers recommendations and best practices for chemical facilities regarding emergency planning and response programs....more
Seyfarth Synopsis: NIOSH releases a comprehensive training curriculum that home healthcare employers can use to minimize safety risks and prevent OSHA citations.
We had blogged previously about OSHA’s “Strategies and...more
8/2/2016
/ Employee Training ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
NIOSH ,
Occupational Exposure ,
OSHA ,
Slip and Fall ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more
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 Synopis: New OSHA final rule requires employer to submit data electornically, to be posted on the OSHA website.
On May 12, 2016 the Occupational Safety and Health Administration published the final rules...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
Seyfarth Synopsis: OSHA Interim Guidance recommends that all employers develop and implement policies to deal with Zika virus.
What is Zika?
The Zika virus disease (Zika) primarily is spread through the bites of...more
The Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard.
We had previously...more
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
Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace. The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the...more
The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will...more
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
On June 1, 2015, federal OSHA released an Interpretation Letter requiring that employers train employees on the laundering requirements of fire retarding (FR) and arc-rated clothing....more
Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015.
The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...more