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

iStock_000009254156LargeSeyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on injury recordkeeping violations to six months.

Prior to 2012, OSHA’s longstanding position
Continue Reading OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

By Brent I. ClarkJames L. Curtis, Benjamin D. Briggs, Mark A. Lies, II, and Craig B. Simonsen

Construction Inspector 4Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or illness which continues for
Continue Reading Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

By Mark A. Lies, II, Brent I. Clark, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.

The Occupational Safety and Health Administration announced last week a new final rule that “clarifies an
Continue Reading OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And Illnesses

By Ilana R. Morady and Craig B. Simonsen

Construction Inspector 4OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29, 2015).

We had blogged previously about the D.C. Circuit Court of Appeals opinion in AKM
Continue Reading OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old

By Brent I. Clark and Meagan Newman

The Bureau of Labor Statistics reports that more than 2.5 million temporary workers were on U.S. payrolls last month.  This figure does not include farm workers.  While employers see advantages to using temp workers they must also be cognizant of the potential liability for workplace safety and health of those workers.

With very
Continue Reading Temp Employees Bring OSHA Liability

By Mark A. Lies, II, Brent I. Clark, and Craig B. Simonsen

The D.C. Circuit Court of Appeals recently found, in AKM LLC v. Secretary of Labor, — F.3d —-, 2012 WL 1142273 (DC Cir., April 06, 2012), that where the Occupational Safety and Health Administration (OSHA) had issued certain recordkeeping citations and penalties for alleged errors

Continue Reading DC Circuit Overturns OSHA’s Interpretation of Statute of Limitations and Vacates Recordkeeping Citations