Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly...more
Seyfarth Synopsis: OSHA “strongly supports” EPA’s proposed updates to its existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act. The proposed changes seek to...more
11/8/2016
/ Chemical Safety for the 21st Century Act ,
Coal Industry ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Lautenberg Act ,
Manufacturing Facilities ,
NIOSH ,
OSHA ,
Protective Gear ,
Secretary of Labor ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Workplace Safety
Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California...more
11/4/2016
/ Cal-OSHA ,
Citations ,
Employer Liability Issues ,
Federal v State Law Application ,
Labor Law Violations ,
Look-Back Measurement Period ,
OSHA ,
Penalties ,
Repeat Violations ,
Workplace Investigations ,
Workplace Safety
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more
11/3/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitrary and Capricious ,
Blacklist ,
Constitutional Challenges ,
Davis-Bacon Act ,
Disclosure Requirements ,
EEO ,
Executive Orders ,
Executive Powers ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Free Speech ,
Labor Law Violations ,
NLRA ,
OSHA ,
Pay Transparency ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Reporting Requirements ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational...more
Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule.
We previously blogged that OSHA had again delayed, to December 1, 2016,...more
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date.
OSHA announced today that it has again delayed the...more
Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea.
We had previously blogged...more
Seyfarth Synopsis: The FAA has gotten closer to a conceptual model for the safety management system requirements and standards that will be required for certified airports.
At the World Safety Organization International...more
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA announced a three month delay in the rule’s effective date.
OSHA announced yesterday that it has...more
7/15/2016
/ Administrative Authority ,
Anti-Retaliation Provisions ,
Declaratory Judgments ,
Delays ,
Drug Testing ,
Employer Mandates ,
Incentives ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Injury
Seyfarth Synopsis: Going forward, ATF’s new rule on applications by a trust or legal entity to make or transfer NFA firearms, requires that they be submitted on new forms — including background checks.
The Bureau of...more
Seyfarth Synopsis: A lawsuit has been filed against OSHA challenging its May 2016 retaliation and recordkeeping rule.
We had blogged recently about the OSHA’s new rule on drug-testing, retaliation claims, and accident...more
Seyfarth Synopsis: OSHA finalized a 78% increase to per violation penalties.
In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil...more
MSHA announced today that it has formally submitted a proposed mine examination rule for publication in the June 8, 2016 Federal Register. The proposed mine examination rule (RIN:1219-AB87) would require metal and nonmetal...more
Seyfarth Synopsis: Even in the face of a collective bargaining agreement the State of Arkansas reconsiders whether employees should be compensated for time they spend putting on and taking off required protective gear.
A...more
Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for temporary employee’s safety and health in two new guidance documents...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
The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10,...more
Expedited Hearings -
A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited...more
We are attending the ABA Occupational Safety and Health Law Meeting this week in Santa Barbara, California. This morning a hot topic is developments in OSHA’s enforcement programs and initiatives, including the “enforcement...more
The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and...more
The Occupational Safety & Health Administration recently issued its “Inspection Guidance for Poultry Slaughtering and Poultry Processing Establishments” (October 28, 2015).
OSHA explains in the Guidance that workers...more
OSHA announced on December 1, 2015, that it had issued a number of “strategies and tools” for preventing workplace violence in the healthcare setting.
The strategies and tools were contained in a new webpage, “Preventing...more
By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015).
The President declares that “no person should suffer the tragedy of...more