Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more
10/21/2019
/ Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Distracted Driving ,
Employer Liability Issues ,
FMCSA ,
Mobile Device Management ,
Motor Carriers ,
Negligence ,
Texting ,
Trucking Accident ,
Trucking Industry ,
Trucking Regulations
Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving.
OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.” ...more
10/16/2019
/ Car Accident ,
Distracted Driving ,
Employer Liability Issues ,
Mobile Device Management ,
Negligence ,
OSHA ,
Risk Management ,
Tort ,
Traveling Employee ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
10/15/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Termination ,
Trucking Industry ,
Zero Tolerance Policies
Seyfarth Synopsis: The FCC has proposed new rules that would require employers to have compliant phones systems for 911 direct dialing....more
Seyfarth Synopsis: Federal OSHA has put grain handling safety right up-front on its main homepage. OSHA wants you to “learn how to stay safe during grain handling operations.”...more
Seyfarth Synopsis: The Michigan Occupational Safety and Health Administration has amended its construction safety and health standards for fixed and portable ladders. The updated standard adds specified requirements for the...more
Seyfarth Synopsis: The Nanotechnology Research Center (NTRC), part of the National Institute for Occupational Safety and Health (NIOSH), has identified new safety hazards from the expanding nanotechnology industry....more
Last week, Seyfarth submitted comments regarding the DOL’s proposal to update the federal regulations that set the standard for determining whether a business can be held liable as a joint employer under the FLSA. ...more
Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more
6/28/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more
6/26/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Legislative Agendas ,
Rate of Pay ,
Reimbursements ,
Rest and Meal Break ,
Rulemaking Process ,
Sick Pay ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour
Seyfarth Synopsis: Illinois Governor J.B. Pritzker is expected to sign a new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline...more
Seyfarth Synopsis: New Decision from Illinois Court of Appeals holds that employer can be liable for workplace violence under Illinois Gender Violence Act....more
Seyfarth Synopsis: Smoke produced during surgical procedures is carcinogenic and can carry pathogens. Employers who fail to abate surgical smoke hazards may face liability from employee injuries and OSHA citations....more
Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more
5/16/2019
/ Adverse Employment Action ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training. New and inexperienced workers...more
Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020. Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of...more
4/30/2019
/ Chemical Safety Board ,
Combustible Dust ,
Cooperative Compliance Regime ,
Manufacturing Facilities ,
OSHA ,
Policies and Procedures ,
Regulatory Standards ,
Safety Standards ,
Toxic Exposure ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to...more
4/23/2019
/ Americans with Disabilities Act (ADA) ,
Clinical Laboratories ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Risk Management ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The DOL Inspector General recently issued an audit report that “OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed,” Report No. 02-19-001-10-105 (March 28, 2019)....more
Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. ...more
Seyfarth Synopsis: Cintas Corporation has recently become the first company to reach 100 sites with OSHA’s Voluntary Protection Program (VPP) (Program) Star certification....more
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more
3/27/2019
/ Administrative Law Judge (ALJ) ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Healthcare ,
Home Healthcare Workers ,
Hostile Environment ,
Mass Shootings ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its Behind the Wheel at Work Newsletter with the “latest news from the NIOSH Center for Motor Vehicle Safety.”...more
Seyfarth Synopsis: According to several states that have sued the Occupational Safety and Health Administration in Federal Court, the Agency did not provide sufficient justification to rollback the electronic reporting rule...more
Seyfarth Synopsis: Jordan Barab, former Deputy Assistant Secretary of OSHA, announced on his blog this week that he would “start full time work at the Education and Labor Committee in the House of Representatives” to provide...more
Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019)....more
2/15/2019
/ Civil Rights Act ,
Employer Liability Issues ,
General Duty Clause ,
Healthcare Facilities ,
Healthcare Workers ,
Hostile Environment ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence