By Ilana R. Morady, Brent I. ClarkJames L. CurtisBenjamin D. Briggs, Adam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It
Continue Reading California Senate Bill 606 to Beef Up Cal/OSHA Enforcement Authorities

By Edward V. Arnold

Seyfarth Synopsis: On June 1, 2020, the Criminal Division of the US Department of Justice (DOJ) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. The document, entitled “Evaluation of Corporate Compliance Programs,” updates a prior version issued in April 2019, and seeks to better assist prosecutors in assessing
Continue Reading Department of Justice Issues Updated Guidance on Evaluation of Corporate Compliance Programs

By Brent I. Clark, James L. Curtis, and Craig B. Simonsen

iStock_000011654038_LargeThe Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has posted its Fiscal Year (FY) 2014 enforcement Facts and Figures.

During FY 2014 the Bureau conducted 4,006 explosives compliance inspections. Of those, ninety percent were either “no violations” (69.4%) or “other” (19.6). “Other” was defined as
Continue Reading ATF Explosives Compliance Inspection Enforcement Facts and Figures

By Brent I. Clark, James L. Curtis, and Craig B. Simonsen

iStock_000011654038_LargeThe Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in its recent ATF EXPLOSIVES Industry Newsletter, informed the industry of a new voluntary “process to better track industry-owned explosives storage magazines.”

The Bureau noted that during natural disasters, local emergencies, and civil unrest, the ATF assists
Continue Reading ATF Institutes a Voluntary Magazine Identification-Labeling Program

By James L. Curtis, Craig B. Simonsen, and Ronald J. Kramer

iStock_000018878893_HiResThe International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are asking franchise owners, which appear designed to establish joint employer relationship between franchisors and local
Continue Reading IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard

By James L. Curtis and Craig B. Simonsen

iStock_000060649768MediumOn International Workers’ Memorial Day, U.S. Senator Al Franken, the top Democratic Senator on the Employment and Workplace Safety Subcommittee, introduced legislation to amend the Occupational Safety and Health Act.

The legislation would expand OSHA’s coverage to include public employees. The bill would also significantly increase penalties for OSHA citations, raising
Continue Reading Senator Al Franken Introduces Protecting America’s Workers Act

By Mark A. Lies II and Ilana R. Morady

As most employers are aware, OSHA inspections typically involve a request for the employer to produce certain documents. In many cases, employers are unsure of what documents the compliance officer is entitled to see and copy. Employers can also be unsure of how long to retain certain documents required under OSHA.
Continue Reading OSHA-Related Documents: Creation And Retention