Seyfarth Synopsis: On September 17, 2020, as the COVID-19 pandemic continued, Cal/OSHA’s Occupational Safety and Health Standards Board voted unanimously to draft a COVID-19 temporary emergency standard and a permanent...more
Seyfarth Synopsis: As California’s legislative session comes to an end, a wave of new COVID-19 related laws that impact employers are being signed into law. On September 17, 2020, Governor Newsom signed AB 685, which will...more
Seyfarth Synopsis: Cal/OSHA, in a press release, noted that it recently issued citations to a food manufacturer and its temporary employment agency, with over $200,000 in proposed penalties to each employer for “failing to...more
Seyfarth Synopsis: Cal/OSHA announced that it has cited eleven employers for not protecting employees from COVID-19 exposure during inspections of industries where workers have an elevated risk of exposure. The industries...more
Seyfarth Synopsis: The Cal/OSH Standards Board has adopted provisions that require employers to provide a copies of their IIPPs upon employee requests....more
Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer’s good faith efforts to comply with...more
Seyfarth Synopsis: The Department of Labor Standards and Enforcement, the Employment Development Department, and CalOSHA now have FAQs addressing how the COVID-19. coronavirus affects California businesses....more
3/10/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Business Interruption ,
Cal-OSHA ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
DLSE ,
EDD ,
Emergency Management Plans ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Payroll Periods ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Salaried Employees ,
Supply Chain ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor...more
3/9/2020
/ Construction Project ,
Construction Workers ,
Criminal Penalties ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Silica ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more
3/6/2020
/ American Bar Association (ABA) ,
Coronavirus/COVID-19 ,
Drones ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
OSHA ,
Popular ,
Safety Inspections ,
Workers' Compensation Claim ,
Workplace Safety
Seyfarth Synopsis: As an early and aggressive response to potential threats related to the novel coronavirus disease, now identified as COVID-19, the United States Environmental Protection Agency (EPA) activated its Emerging...more
3/3/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
Pesticides ,
Policies and Procedures ,
Public Health ,
Regulatory Requirements ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: Cal/OSHA has issued guidance on protecting workers from exposure to 2019 Novel Coronavirus (2019-nCoV or Coronavirus)....more
2/6/2020
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Emergency Management Plans ,
Emergency Response ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Workplace Safety
Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties. The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020)....more
1/27/2020
/ Civil Monetary Penalty ,
Coal Industry ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Health and Safety ,
Inflation Adjustments ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Statutory Violations ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Cal/OSH Standards Board will vote this week on a proposed standard requiring employers to provide their employees and employee representatives access to the company’s Injury and Illness Prevention...more
1/14/2020
/ Cal-OSHA ,
Construction Workers ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
OSHA ,
Reasonable Prevention Procedures ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Union Representatives ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more
1/6/2020
/ Administrative Interpretation ,
Agricultural Workers ,
Bodily Injury ,
Construction Project ,
Construction Site ,
Construction Workers ,
Employer Liability Issues ,
Excessive Noise ,
Federal Labor Laws ,
Negligence ,
OSHA ,
Project Management ,
Safety Precautions ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Seyfarth Synopsis: A unique element of Cal/OSHA is its requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203....more
12/30/2019
/ Cal-OSHA ,
Corporate Counsel ,
Emergency Response ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
OSHA ,
Reasonable Prevention Procedures ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: One of the unique elements of Cal/OSHA is a requirement that ALL employers have a written Injury and Illness Prevention Program (IIPP). 8 CCR 3203....more
12/18/2019
/ Cal-OSHA ,
Employer Liability Issues ,
Health and Safety ,
OSHA ,
Reporting Requirements ,
Risk Management ,
State and Local Government ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Effective January 1, 2020, Cal/OSHA is revising its injury reporting obligations to be more aligned with the injury reporting obligations under federal OSHA....more
12/13/2019
/ Cal-OSHA ,
Employer Liability Issues ,
Health and Safety ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke..
With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more
10/29/2019
/ Air Quality Standards ,
Cal-OSHA ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Risk Management ,
State and Local Government ,
Toxic Exposure ,
Wildfires ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers....more
Seyfarth Synopsis: As the mercury rises, California employers must comply with regulatory requirements to keep their employees cool. Employers should be aware of Cal/OSHA’s existing requirements for outdoor workplaces and...more
Seyfarth Synopsis: On November 6, 2018, the California Office of Administrative Law approved Cal/OSHA’s emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. Covered...more
Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more
10/9/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Adverse Employment Action ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Energy Sector ,
Hiring & Firing ,
Internal Investigations ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Protected Activity ,
Retaliation ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
MSHA just announced a Request for Information (RFI) on safety improvement technologies for mobile equipment and for belt conveyors, both at surface mines. 83 Fed. Reg. 29716 (June 26, 2018)....more
Seyfarth Synopsis: MSHA just announced its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines. 83 Fed. Reg. 15055 (April 9, 2018).
...more
Seyfarth Synopsis: On March 9, 2018, the California Office of Administrative Law approved the new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement...more