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Safe Staffing Levels? OSHA and Legal Liabilities

OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. ...more

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

Responding to an Accident: OSHA and Legal Liabilities

A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

OSHA Post-Accident Rapid Response Investigation (RRI): Update Your Strategy

The Federal Occupational Safety and Health Administration (OSHA) requires employers to report certain serious injuries by telephone within twenty-four (24) hours. Injuries that must be reported include injuries that result in...more

Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality...more

OSHA Injury and Illness Reporting: What Employers Need to Know

Seyfarth Synopsis: Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA...more

OSHA Issues Heat Hazard Alert Reminding Employers to Protect Workers Against Heat Illness and Injury – States are Following Suit

Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has issued a heat hazard alert to “remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor...more

Be Ready to Defend the Castle: Employers Need a Written OSHA Inspection Management Policy

Federal OSHA conducted 24,333 onsite inspections in 2021, resulting in thousands of citations. Make no mistake, OSHA (and especially Cal/OSHA) have been gearing up with a new generation of compliance officers, training them...more

OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls

Seyfarth Synopsis: OSHA has just announced a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections....more

OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

A Hobson’s Choice: OSHA Issues New Instance-by-Instance Penalties Policy

Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each...more

National Safety Council Releases Workplace Violence Resources for Employers

Seyfarth Synopsis: In the wake of increased employee mental health concerns and mass shootings across the country, employers looking to create or enhance a workplace violence program can look to the National Safety Council...more

OSHA Highlights Stress and Mental Health in the Workplace

Seyfarth Synopsis: OSHA is beginning to review work related stress as a workplace hazard falling under its jurisdiction....more

OSHA Recommends a Safety and Health Management System — Does Your Business Need One?

Seyfarth Synopsis: Safety and health management systems (SHMSs) may demonstrate a commitment to improving safety and health outcomes, and reduce legal liabilities....more

“Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles....more

Vice President Harris Announces New OSHA Emphasis Program for Heat Illness

Seyfarth Synopsis: The federal Occupational Safety and Health Administration has launched a National Emphasis Program to protect “millions of workers from heat illness and injuries. Through the program, OSHA will conduct...more

The Empire Strikes Back: New Rule Will Require Many Employers To Submit More OSHA Forms Electronically

Seyfarth Synopsis: The Occupational Safety and Health Administration is proposing to amend its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to...more

Reverse Course! OSHA Again to Require Employers to Electronically Submit OSHA 300 Logs and 301 Reports

Seyfarth Synopsis: OSHA intends to restore an Obama-era requirement that employers submit OSHA 300 logs and OSHA 301 reports electronically, ostensibly to improve the Agency’s data and to potentially target employers with...more

OSHA Publishes Heat Illness Inspection Guidance

Seyfarth Synopsis:OSHA recently announced a three-pronged approach to establish a heat illness enforcement initiative, pertaining to both indoor or outdoor work settings: an enforcement memorandum, a National Emphasis...more

OSHA Revises National Emphasis Program, and Updates Interim Enforcement Response Plan for COVID-19

Seyfarth Synopsis: On June 28, 2021, OSHA published a Compliance Directive, DIR 2021-02 (CPL 02), covering inspection procedures and enforcement policies for the Emergency Temporary Standard for COVID-19. The new directive...more

Heat Illness and Back to Work — Summer 2021

Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out of practice on workplace safety procedures, and may have...more

OSHA’s Emergency Temporary Standard Published on June 21, 2021

Seyfarth Synopsis: On June 21, 2021, the federal register published OSHA’s COVID-19 emergency temporary standard (“ETS”), focused on the health care industry....more

What to Expect from OSHA in a Biden Administration

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement, and a...more

Managing Post-Accident Communications – Preserving Legal Privileges and Limiting Liability

Hopefully most employers will never experience a serious workplace accident involving personal injury, property damage or both. This article will provide recommendations for an employer to respond in a forthright manner while...more

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