Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. ...more
Seyfarth Synopsis: Cintas Corporation has recently become the first company to reach 100 sites with OSHA’s Voluntary Protection Program (VPP) (Program) Star certification....more
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more
3/27/2019
/ Administrative Law Judge (ALJ) ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Healthcare ,
Home Healthcare Workers ,
Hostile Environment ,
Mass Shootings ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or...more
12/12/2018
/ Construction Project ,
Employer Liability Issues ,
Excavation ,
Inspection Rights ,
Negligence ,
OSHA ,
Safety Inspections ,
Safety Laws ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
The flu and cold season is now approaching. Tragically, each year, a number of deaths result from flu and other infectious diseases. Employers again routinely face concerns about how to respond to highly infectious diseases...more
11/14/2018
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Employment Policies ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Premises Liability ,
Public Health ,
Reasonable Accommodation ,
Vaccinations ,
Workers' Compensation Claim
Seyfarth Synopsis: With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding....more
9/11/2018
/ Emergency Management Plans ,
Employer Liability Issues ,
Hazardous Substances ,
Hurricane Season ,
Mandatory Evacuation ,
Natural Disasters ,
OSHA ,
Policies and Procedures ,
Public Health ,
Public Safety ,
Severe Weather ,
Wage and Hour ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: New Review Commission decision refines the definition of what OSHA must prove to establish a “Repeat” violation....more
Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. ...more
A recent Eastern District of Wisconsin case held that an OSHA 11(c) retaliation claim will survive summary judgment where the employer failed to comply with its own investigation procedures....more
Seyfarth Synopsis: To be compliant, employers in State Plans that have not yet adopted OSHA’s new rule for electronic filing of injury data for Calendar Year 2017, are required to file in the federal OSHA database....more
Seyfarth Synopsis: OSHA’s has indicated in a news release that it “will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on December 31, 2017.”...more
Seyfarth Synopsis: OSHA’s has indicated in a news release that it “intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions” of the “Improve Tracking of Workplace Injuries and Illnesses”...more
Synopsis: As most employers probably know by now, OSHA’s revised recordkeeping rule requires certain employers to electronically file injury and illness data with OSHA. Originally the reporting deadline was July 1, 2017....more
Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more
5/16/2017
/ Agricultural Land ,
Agricultural Sector ,
Agricultural Workers ,
Employer Liability Issues ,
Employment Policies ,
Farms ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NIOSH ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.
The Occupational Safety and Health...more
Seyfarth Synopsis: As OSHA’s enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard....more
10/13/2016
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Distracted Driving ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Mobile Apps ,
Mobile Devices ,
OSHA ,
Pokemon ,
Protected Concerted Activity ,
Smartphones ,
Technology ,
Video Games ,
Workplace Safety
Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more
Seyfarth Synopsis: OSHA’s new Silica Rule will have a lasting effect on nearly 2.3 million workers and over 675,000 employers. The chances are high that the new Silica Rule will affect your business and may require you to...more
Seyfarth Synopsis: New OSHA final rule requires employer to submit data electronically, to be posted on the OSHA website.
On May 12, 2016 the Occupational Safety and Health Administration published the final rules...more
Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA).
Employers in the food industry have a new headache to...more
5/3/2016
/ Adverse Employment Action ,
Burden of Proof ,
Employer Liability Issues ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Safety ,
FSMA ,
OSHA ,
Popular ,
Remedies ,
Retaliation ,
Statute of Limitations ,
Whistleblowers
By now, the worldwide health authorities and media have publicized the Zika virus disease (Zika) that has been reported throughout South America, Central America, and the Caribbean. Although the United States has only...more
2/12/2016
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
General Duty Clause ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Public Health ,
Travel Restrictions ,
Workers' Compensation Claim ,
Zika
Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT).
OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more
11/5/2015
/ Certification Requirements ,
Criminal Liability ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Fitness for Duty Exams ,
Labor Certifications ,
OSHA ,
Powered Industrial Truck (PIT) ,
Safety Training ,
Workplace Safety
Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their...more
8/14/2015
/ Abusive Conduct Training ,
Americans with Disabilities Act (ADA) ,
Best Practices ,
Discrimination ,
Employee Assistance Programs ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Healthcare Facilities ,
OSHA ,
Workplace Violence