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By Daniel R. BirnbaumCoby TurnerLiz Watson, and Patrick D. Joyce

Seyfarth Synopsis: Following a rollercoaster ride that lasted for weeks, and culminated in another 4.5 hour long marathon meeting, on June 17, 2021, Cal/OSHA finally approved a revised version of its Emergency Temporary Standard (“ETS”). While the revised ETS aligns closer to guidance issued
Continue Reading Finally! Cal/OSHA Approves Revised Emergency Temporary Standard

By James L. Curtis, Jeryl L. OlsonAdam R. Young, A. Scott HeckerPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties.

We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA
Continue Reading Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

By Robert B. Milligan, Mark A. Lies, II, Adam R. YoungIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: A new California State guidance provides direction for dine-in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries to provide a healthy and clean environment for workers and customers. 

The State COVID-19 industry guidance site
Continue Reading Cal/OSHA and Health Department Publish COVID-19 Guidance for Dine-in Restaurants

By Jennifer L. Mora

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of tetrahydrocannabinol (THC), an amount generally viewed to be sufficient to produce a psychoactive
Continue Reading Department of Transportation Cautions Employers About CBD Use By Regulated Workers

By Mark A. Lies, II and Adam R. Young

Seyfarth Synopsis: OSHA facility visits and corresponding employee interviews can be a vexing scenario. OSHA employee interviews are a source of OSHA monetary citations. Unfortunately, most employers do not realize this potential source of liability and do not prepare their employees for the interviews. In their recent article on the
Continue Reading OSHA Employee Interviews-Leveling the Playing Field

By Jennifer L. Mora, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test that resulted in his
Continue Reading CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

By Andrew H. PerellisJeryl L. Olson, Brent I. ClarkPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  The regulated community had a pleasant surprise from President Trump this week.  The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and interpretations of federal rules
Continue Reading President Issues Executive Orders on Guidance Documents and Transparency

By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  Federal OSHA has put grain handling safety right up-front on its main homepage.  OSHA wants you to “learn how to stay safe during grain handling operations.”

Concerning the Agency’s Grain Handling Facilities Standard, 29 C.F.R. § 1910.272, the Agency explained that “grain
Continue Reading OSHA.gov Highlights Grain Handling Facility Safety on Main Website

By James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Michigan Occupational Safety and Health Administration has amended its construction safety and health standards for fixed and portable ladders. The updated standard adds specified requirements for the use of self-supporting portable ladders.

Under the Federal Occupational Safety and Health Act, state plan states
Continue Reading Michigan Updates Its Portable Ladders Rules

By Leon Rodriguez, Adam R. Young, Thomas E. Ahlering, Sara Fowler, Jake R. Downing, Jessica M. Stricklin, Jay A. Gitles, Michael Rechtin, Suzanne L. Saxman, Aaron M. Gillett, Jason Priebe, and Scott A. Carlson

Seyfarth Synopsis:  Stay ahead of the curve! The future is rapidly changing for health care providers. To keep up with emerging trends, changes and needs,
Continue Reading The Future of Health Care Symposium