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Adam R. Young

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Seyfarth Synopsis: The California Division of Occupational Safety and Health (“Cal/OSHA”) has issued a proposed regulation (Section 331.8. Representatives during the Inspection) that allows employees to designate a representative, including another employee, a third party, or the collective bargaining representative, during workplace safety inspections conducted by Cal/OSHA.

The California Division of Occupational Safety and Health (“Cal/OSHA”) issued a Notice of…

Continue Reading Cal/OSHA’s Proposed “Walkaround Rule” Welcomes Unions into Private California Workplaces: Key Takeaways for California Employers

Seyfarth Synopsis: California and New York will soon be requiring Narcan in some workplace first aid kits. While Narcan provides a meaningful, prompt, and potentially lifesaving response to opioid overdoses, effective implementation of a Narcan program may require employee training and an expanded first aid response structure.

The Centers for Disease Control and Prevention (CDC) estimated 54,000 to 57,000 opioid‑related…

Continue Reading Preventing Workplace Overdose Deaths — New York and California Plan Narcan (Naloxone) Requirements

Seyfarth Synopsis: Employers often fail to appreciate the ramifications of industrial hygiene data and medical records. Even non-detect records must be maintained for 30+ years and provided to employees or representatives upon request.

OSHA’s Access to Employee Exposure and Medical Records standard, 29 CFR § 1910.1020, is one of the most frequently misunderstood — and quietly enforced — provisions in…

Continue Reading Employee Exposure Records and Medical Records: Avoiding OSHA Citations and Defending Against Future Workers’ Compensation, Tort, and ADA Claims

Under OSHA’s General Duty Clause, employers must provide a workplace free from recognized hazards likely to cause serious injury or death. OSHA regulations require PPE and respiratory protection where necessitated by the hazards at the workplace. Infectious diseases represent a recognized hazard at many workplaces across the United States (particularly in healthcare) and employers must implement appropriate procedures to protect…

Continue Reading Navigating the New Public Health Environment: How Employers Should Approach CDC and NIOSH Guidance on Health Hazards in the Trump Administration

Seyfarth Synopsis: New York requires hospitals and nursing home employers to implement written workplace violence prevention plans, including hazard assessments, training, and incident logging within the year.

Health care employers have long faced liabilities relating to workplace violence, most commonly from patients and visitors.  Although no federal OSHA standards currently provide requirements for workplace violence in health care (though…

Continue Reading New York Latest State to Institute Workplace Violence Prevention Program Requirements for Hospitals and Nursing Homes

Seyfarth Synopsis: In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees working on top of rail cars, finding these hazards outside of OSHA’s statutory jurisdiction.

The Federal Railroad Administration (“FRA”) and federal Occupational Safety and Health Administration (“OSHA”) traditionally split jurisdiction over working…

Continue Reading OSHA Cannot Issue Citations Relating to Employee Work on Rail Cars, Eighth Circuit Says

Employers with sophisticated safety programs implement overarching Safety and Health Management Systems (“SHMS”, also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly assess hazards, select appropriate safety controls, evaluate safety performance, and engage employees. Federal OSHA recommends an SHMS and routinely demands the development of an SHMS to settle OSHA cases involving serious…

Continue Reading Minimizing OSHA Liabilities Through Psychological Safety

Seyfarth Synopsis: States continue to strike down restrictions and expand gun access, requiring employer vigilance to comply with the law and protect employees from workplace violence hazards.

Employers have been alarmed by an increase in workplace violence over the last ten years, particularly in health care. The prevalence of active shooters in workplace (and decline in accidental deaths) mean…

Continue Reading Ensuring Occupational Safety and Preventing Active Shooters: State Firearms Compliance Post-Bruen

Seyfarth Synopsis: Newly-confirmed member on Occupational Safety and Health Review Commission offers hope for eventual resolutions of pending cases.

On October 10, 2025, the Senate confirmed Jonathan L. Snare to serve as a Commissioner of the Occupational Safety and Health Review Commission (OSHRC), filling one of the long-vacant seats on the three-member appellate panel for federal OSHA cases. His term…

Continue Reading Jonathan Snare Confirmed to the Occupational Safety and Health Review Commission

Seyfarth Synopsis: David Keeling’s confirmation as OSHA Chief could give regulatory and enforcement direction to OSHA when federal government funding is restored, likely moving the agency towards enhanced collaboration with industry and refocusing of enforcement priorities.  

Senate Confirms Keeling

On October 6, 2025, as part of a larger confirmation of Trump appointees, the Senate voted 51-47 to confirm as…

Continue Reading David Keeling Confirmed as OSHA Chief: A New Era for Cooperation and Enhanced Occupational Safety?