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Report From Day 2 of The 2025 ABA OSHA/MSHA Law Conference

This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in...more

Fatal Falls in Construction Account For More Than Half of All Work-Related Falls Nationally

Seyfarth Synopsis: NIOSH reports in its recent Science Blog that “falls are the leading cause of death among construction workers.”...more

Manufacturers and Sand-Blasters Beware! OSHA Provides Guidance for Planned Enforcement of Beryllium Standards

Seyfarth Synopsis: The Interim Enforcement Guidance for the 2020 Final Beryllium Standards applies to all types of beryllium inspections....more

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

OSHA Issues FAQs For General Industry For Crystalline Silica Standard

Seyfarth Synopsis: OSHA has recently issued a Frequently Asked Questions for General Industry for the Respirable Crystalline Silica Standard. We had noted previously in the blog that most of the provisions of the...more

OSHA Delays Enforcement Of Beryllium Standard Until May

Seyfarth Synopsis: The Occupational Safety and Health Administration announced that it is pushing back the effective date of parts of the rule limiting workers’ exposure to beryllium until May, while it negotiates with...more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule

Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical...more

5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces

Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply! Despite a Congressional “request”...more

Are You in Compliance with OSHA’s New Confined Space Standard for the Construction Industry?

Most employers in the construction industry already know that OSHA issued a new confined space standard for construction that became effective on August 3, 2015. Companies with employees who enter confined spaces at...more

OSHA Final Rule for Confined Spaces in the Construction Industry

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective...more

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