Seyfarth Synopsis: In its introduction to its New Active shooter training materials, the Illinois State Police note that “civilians that are present at any given incident are the true first responders.”...more
2/5/2020
/ Emergency Management Plans ,
Employer Liability Issues ,
First Responders ,
Health and Safety ,
Hostile Environment ,
Law Enforcement ,
Mass Shootings ,
OSHA ,
Policies and Procedures ,
Risk Mitigation ,
Shootings ,
Training ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Seyfarth Synopsis: First American case reported of deadly new Chinese coronavirus.
The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel...more
1/22/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Public Health ,
Risk Management ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work...more
1/22/2020
/ Bodily Injury ,
Citations ,
Construction Project ,
Construction Workers ,
Contractors ,
Employer Liability Issues ,
Fines ,
Labor Law Violations ,
OSHA ,
Penalties ,
Reputation Management ,
Safety Inspections ,
Safety Violations ,
Severe Violators Enforcement Program (SVEP) ,
Slip and Fall ,
Workplace Hazards ,
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: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more
12/12/2019
/ Employer Liability Issues ,
General Duty Clause ,
Health Care Providers ,
Healthcare Workers ,
Hostile Environment ,
Legislative Agendas ,
Mass Shootings ,
OSHA ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Management ,
Social Services ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more
11/22/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Citations ,
Contested Proceedings ,
Employer Liability Issues ,
Excusable Neglect ,
Late Notices ,
Notice Requirements ,
OSHA ,
Safety Standards ,
Workplace Safety
Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving.
OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.” ...more
10/16/2019
/ Car Accident ,
Distracted Driving ,
Employer Liability Issues ,
Mobile Device Management ,
Negligence ,
OSHA ,
Risk Management ,
Tort ,
Traveling Employee ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to...more
4/23/2019
/ Americans with Disabilities Act (ADA) ,
Clinical Laboratories ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Risk Management ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
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
Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on...more
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: 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: Unfortunately, workplace violence is becoming an ever increasing liability in the workplace. Despite the presence of workplace violence prevention programs intended to avoid this hazard entirely within...more
Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly...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: 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: 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