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New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims

Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act...more

CDC Says Fully Vaccinated People May Skip Covid Quarantines

Seyfarth Synopsis: CDC yesterday released an update to its recommended guidance on Vaccines & Immunizations. The guidance provides updated quarantine recommendations for fully vaccinated persons who “meet criteria will no...more

Biden OSHA Revises “Protecting Workers Guidance” on Mitigating and Preventing the Spread of COVID-19

Seyfarth Synopsis: Last week, President Biden directed OSHA to release clear guidance for employers to help keep workers safe from COVID-19 exposure. On January 29, 2021, OSHA issued “Protecting Workers: Guidance on...more

USW Official James Frederick Selected as Deputy Assistant Secretary at OSHA

Seyfarth Synopsis: Frederick will take over as the No. 2 official at OSHA, after having already spent 25 years as the top investigator at the United Steelworkers union’s health, safety, and environment department. In that job...more

Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties....more

President-Elect Biden Selects Boston Mayor Marty Walsh as Labor Secretary

Seyfarth Synopsis: If confirmed as Labor Secretary, past union leader, Mayor Marty Walsh, would succeed former corporate employment attorney, Eugene Scalia. Secretary Scalia has been criticized by organized labor and other...more

Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking

Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational...more

CDC Revises Guidance to Reduce COVID-19 Quarantine Time

Seyfarth Synopsis: The Centers for Disease Control and Prevention has just released revised guidance on quarantine time allowing for two quarantine options in addition to the standard 14 day quarantine....more

Cal/OSHA Approves Emergency Temporary COVID-19 Standard

Seyfarth Synopsis: The California Department of Industrial Relations’ Office of Administrative Law has approved a California OSHA emergency temporary standard regarding COVID-19, effective November 30, 2020. It brings with it...more

Cal/OSHA Standards Board Approves Emergency Temporary COVID-19 Standard

Seyfarth Synopsis: California Department of Industrial Relations’ (DIR) Occupational Safety and Health Standards Board adopted a California OSHA emergency temporary standard regarding COVID-19. The emergency temporary...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

Cal/OSHA Moves Closer to Issuing New COVID-19 Emergency Temporary Standard

Seyfarth Synopsis: Last month we blogged about the Cal/OSHA Occupational Safety and Health Standards Board’s unanimous vote for a COVID-19 temporary emergency standard and a permanent infectious diseases standard. Cal/OSHA...more

Western States Tighten Restrictions to Curb COVID-19

Seyfarth Synopsis: Along with other locations across the country, California, Oregon, Washington, and New Mexico imposed sweeping restrictions and new guidance to contain the surge in COVID-19 infections. The latest round of...more

CDC Updates FAQs on Face Coverings – Now Recommending Use to Also Protect the Wearer

Seyfarth Synopsis: The Centers for Disease Control and Prevention (CDC) has updated its original recommendation for all people to wear cloth face coverings when in public and around other people, now acknowledging that face...more

What Now? Post-Election Environmental Outlook

Seyfarth Synopsis: As the potential for a Presidential administration change moves closer to reality, another dramatic agenda swing is possible in the environmental regulatory world, from an anti-regulation Trump...more

Oregon OSHA Issues COVID-19 Temporary Rule

Seyfarth Synopsis: Oregon OSHA finalized its COVID-19 temporary rule, OAR 437-001-0744, Addressing COVID-19 Workplace Risks, on November 6, 2020, with most provisions effective as of November 16, 2020; the rule sunsets on May...more

Michigan OSHA COVID-19 Emergency Rules

Seyfarth Synopsis: Michigan OSHA (MIOSHA) enacted COVID-19 emergency rules on October 14, 2020, less than two weeks after the Michigan Supreme Court’s October 2 ruling invalidated many of Governor Gretchen Whitmer’s COVID-19...more

CDC Expands Definition of “Close Contact” to Include Contact Within Six Feet for 15 Minutes or More, With Minutes Aggregated Over...

Seyfarth Synopsis: The CDC continues to expand its guidance on the potential routes of COVID-19 transmission, changing its definition of “close contact” of 15 minutes or more within 6 feet, to now mean 15 minutes aggregated...more

Michigan Supreme Court Rules on Governor’s COVID-19 Orders

Seyfarth Synopsis: The Michigan Supreme Court recently ruled that Michigan Governor Whitmer lacked the authority to declare a “state of emergency” or a “state of disaster” beyond April 30, 2020, and that the authority...more

Stay Tuned – California OSH Standards Board Moves Forward with New COVID-19 Emergency Temporary Standard

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

CDC Issues Updated Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation Due to COVID-19

Seyfarth Synopsis: CDC explains that the shutdown or reduced operation of a building and reductions in normal water use can create hazards for returning occupants. It recommends in its updated Guidance for Reopening Buildings...more

OSHA Publishes New Guidance on Use of Cloth Face Coverings and Heat Illness Prevention

Seyfarth Synopsis: In two recent guidance documents, OSHA recommends that employers encourage workers to wear cloth face coverings to reduce the spread of COVID-19. OSHA further addresses the challenges posed by cloth face...more

CDC Guidance on Workplace Violence in Retail Associated with COVID-19, Customer Face Mask Enforcement

Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules

Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review...more

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