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Biden Administration Nominates CalOSHA Chief Doug Parker to Helm of Federal OSHA

Seyfarth Synopsis: The White House announced on Friday that Douglas L. Parker will be its nominee for the head of federal OSHA....more

CDC Publishes Guidance on Domestic Travel During the COVID-19 Pandemic

Seyfarth Synopsis: The CDC recently updated its Guidance on Domestic Travel During the COVID-19 Pandemic. The guidance also provides domestic travel recommendations for unvaccinated people....more

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

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

OSHA Adopts COVID-19 National Emphasis Program

Seyfarth Synopsis: On March 12, 2021, OSHA published its COVID-19 National Emphasis Program – Coronavirus Disease 2019 (COVID-19), DIR 2021-01(CPL-03) (3-12-21). The Directive lays-out OSHA’s policies and procedures...more

So Your Employee Got Their COVID-19 Vaccination – What does that Mean for Inter-Personal Relations With Other Employees, Clients,...

Seyfarth Synopsis: Now, after more than 80 million vaccine doses have been given out in the US, and having weathered a year of Zoom-only visits with fellow employees, clients, and customers, those who have been vaccinated are...more

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

New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims

Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act...more

CDC Says Fully Vaccinated People May Skip Covid Quarantines

Seyfarth Synopsis: CDC yesterday released an update to its recommended guidance on Vaccines & Immunizations. The guidance provides updated quarantine recommendations for fully vaccinated persons who “meet criteria will no...more

Biden OSHA Revises “Protecting Workers Guidance” on Mitigating and Preventing the Spread of COVID-19

Seyfarth Synopsis: Last week, President Biden directed OSHA to release clear guidance for employers to help keep workers safe from COVID-19 exposure. On January 29, 2021, OSHA issued “Protecting Workers: Guidance on...more

USW Official James Frederick Selected as Deputy Assistant Secretary at OSHA

Seyfarth Synopsis: Frederick will take over as the No. 2 official at OSHA, after having already spent 25 years as the top investigator at the United Steelworkers union’s health, safety, and environment department. In that job...more

Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties....more

President-Elect Biden Selects Boston Mayor Marty Walsh as Labor Secretary

Seyfarth Synopsis: If confirmed as Labor Secretary, past union leader, Mayor Marty Walsh, would succeed former corporate employment attorney, Eugene Scalia. Secretary Scalia has been criticized by organized labor and other...more

New FAA Rule May Expand Use of Drones in OSHA Inspections

Seyfarth Synopsis: On December 28, 2020, the Department of Transportation, Federal Aviation Administration, announced a final rule governing the “Operation of Small Unmanned Aircraft Systems Over People.” This new rule could...more

Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking

Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational...more

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

CDC Revises Guidance to Reduce COVID-19 Quarantine Time

Seyfarth Synopsis: The Centers for Disease Control and Prevention has just released revised guidance on quarantine time allowing for two quarantine options in addition to the standard 14 day quarantine....more

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 Decriminalizes Hard Drug Possession

Seyfarth Synopsis: Oregon became the first state to decriminalize the personal possession of illegal drugs, including cocaine, heroin, oxycodone, and methamphetamine....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

NSC Publishes Benchmarking Report on COVID-19 Safety Practices Implemented in Business and Industry

Seyfarth Synopsis: A new report from the National Safety Council (NSC), State of the Response: Employer Actions to Address the Pandemic, provides an overview of how employers have been responding to the COVID-19 pandemic....more

And the Winner of the 2020 Election Is…Marijuana!

Seyfarth Synopsis: While the votes continue to be tallied in the Presidential election, one thing is certain – it was a BIG night for cannabis in America with five new states approving ballot measures to legalize recreational...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

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