By Joshua M. Henderson, Ilana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis:  CalOSHA emergency regulation for workers exposed to wildfire smoke..

With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency regulation, Protection from Wildfire Smoke, Section 5141.1, that applies to outdoor workers and workers in semi-indoor
Continue Reading Reminder — Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke Now in Effect

By Joshua M. Henderson, Ilana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers.

An emergency regulation on Protection from Wildfire Smoke applies to outdoor workers and to workers in semi-indoor places. Examples include day laborers, agricultural workers, landscapers, construction workers, and
Continue Reading New Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke

By Brent I. Clark and Craig B. Simonsen

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its results from a study conducted in 2016 and 2017 that looked at safety programs developed to prevent motor vehicle crashes.

The study included four focus groups conducted with thirty-three managers of employees that drive for work. The
Continue Reading Drive Much? NIOSH Focus on Workplace Safety for Employees Who Drive for Their Job

By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen

bottleSeyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.

The U.S. Court of Appeals for the District of Columbia Circuit recently ruled against OSHA on
Continue Reading DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

By James L. Curtis and Craig B. Simonsen

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPR) intended to “mature” the Chemical Facility Anti-Terrorism Standards (CFATS) program, and to identify ways to make the program more effective in achieving its regulatory objectives. 79 Fed. Reg. 48693 (August 18, 2014).

The CFATS program was intended
Continue Reading DHS Proposing to “Mature” Chemical Facility Anti-Terrorism Standards Program

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency, in response to Executive Order 13650, Improving Chemical Facility Safety and Security (EO), is publically, through a Federal Register notice, requesting public comments on “potential revisions” to its Risk Management Program. 79 Fed. Reg. 44604 (July 31, 2014).

This request is part of an effort highlighted in
Continue Reading EPA Request for Information on Clean Air Act Accidental Release Prevention Program

By James L. Curtis and Craig B. Simonsen

Representatives from the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Homeland Security spoke today at the Air and Waste Management Association’s Annual Conference, on their  collaboration on chemical facility safety and security.

The conference session speakers included Mathy Stanislaus, EPA’s Office of Solid Waste
Continue Reading EPA, OSHA, and DHS are Collaborating on Chemical Facility Safety and Security

By James L. Curtis and Craig B. Simonsen

The U.S. Environmental Protection Agency, the U.S. Department of Labor, and the Department of Homeland Security recently published their first joint Report for the President, “Actions to Improve Chemical Facility Safety and Security – A Shared Commitment.” June 6, 2014.

The Report was issued after recent catastrophic chemical facility incidents
Continue Reading Federal Report on “Actions to Improve Chemical Facility Safety and Security – A Shared Commitment”