Seyfarth Synopsis: The CSB found deficiencies in the facility’s design and labeling of the chemical loading stations, and failure to follow the company’s written chemical unloading procedures....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: OSHA has just announced a three month delay of enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153.
Crystalline silica is a staple of our modern society. OSHA notes...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: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their...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
Seyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace...more
Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations.
The Federal...more
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 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
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
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
The National Institute for Occupational Safety and Health (NIOSH) has recently launched its National Center for Productive Aging and Work (Center).
The new “virtual center,” will focus on worker safety at all ages,...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
Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a...more