Environmental & Safety Law Update

Category Archives: OSHA Compliance

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OSHA To Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically

Posted in OSHA Compliance

By Mark A. Lies, II and Adam R. Young

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 requiring employers to submit injury and illness data electronically.  81 Fed. Reg. 29624.

OSHA will release … Continue Reading

OSHA Releases Two More Temporary Worker Guidance Documents

Posted in Investigations/Inspections, OSHA Compliance

By Benjamin D. Briggs, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for temporary employee’s safety and health in two new guidance documents relating to safety and health training and hazard communications. Temporary agencies and host employers that … Continue Reading

New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew

Posted in OSHA Compliance, Whistleblower

By Mark A. Lies, II and Adam R. Young

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 worry about. On April 18, 2016, the federal Occupational Safety and Health Administration released final rules establishing standards … Continue Reading

Zika Virus Spreading to United States: OSHA Provides Recommendations

Posted in OSHA Compliance

By Benjamin D. Briggs and Adam R. Young

Seyfarth Synopsis: OSHA Interim Guidance recommends that all employers develop and implement policies to deal with Zika virus.

What is Zika?

The Zika virus disease (Zika) primarily is spread through the bites of infected mosquitoes.  The most common symptoms of Zika are fever, rash, joint pain, and conjunctivitis (red eyes).  While some … Continue Reading

OSHA – Injury to Intoxicated Employee is Recordable

Posted in OSHA Compliance

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: An alcohol induced accident involving an intoxicated employee can be an OSHA recordable incident.

OSHA recently opined in an Interpretation Letter that, where an employee sustained an injury at work but the employee was found to be intoxicated from alcohol through a post-injury drug … Continue Reading

16 Legal Tips: Handling OSHA Citations the Right Way

Posted in OSHA Compliance, OSHA Enforcement

Seyfarth Partner James L. Curtis was one of sixteen “top legal experts” interviewed to provide a “list of critical information you should be aware of in the event you receive an OSHA citation.” See “16 Legal Tips: Handling OSHA Citations the Right Way”  (Intelivert, 2016).

The article notes that the experts weighed in with “simple, actionable tips that … Continue Reading

OSHA Publishes Evaluation of Severe Injury Reporting Program

Posted in OSHA Compliance

By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen

Beginning January 1, 2015, OSHA changed its injury reporting rules to require employees to report to OSHA certain severe injuries and employee hospitalization within 24 hours.  We have previously blogged about that change in “OSHA Recordkeeping: Civil and Criminal Liabilities in 2015” and “OSHA Continue Reading

DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

Posted in OSHA Compliance

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions” … Continue Reading

Hazard Communication Update: OSHA Releases Draft Guidance on “Data Evaluation for Weight of Evidence Determination”

Posted in Chemical Safety, OSHA Compliance

By Brent I. Clark, Adam R. Young, and Craig B. Simonsen

The Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard.

We had previously blogged about OSHA’s 2012 Hazard Communication Standard (HCS), including an Enforcement Guidance,  and a Directive Continue Reading

Update from the ABA OSHA Conference — Cal-OSHA Developments

Posted in California, OSHA Compliance, OSHA Enforcement

By Brent I. Clark and Ilana R. Morady

Expedited Hearings

A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited proceedings rule, cases are put on a fast track when abatement has been appealed or abatement has not … Continue Reading