By James L. Curtis, Benjamin D. Briggs, Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just issued its final rule that removes the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301
Continue Reading OSHA Issues New Rule that Companies are Not Required to Submit OSHA 300 and 301 Forms Electronically
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: Due to Senate Rules, the Trump nomination of Scott A. Mugno, for the Assistant Secretary of Labor, Occupational Safety and Health, has now again been “returned” to the Senate for consideration.
Even though President Trump’s nomination of Scott Mugno to head OSHA was approved by Senate Committee on
Continue Reading Mugno Nomination for OSHA Administrator Again Back Before the Senate
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: The DOL has published its 2019 OSHA civil penalties.
We had blogged previously about the U.S. Department of Labor’s (DOL) 2018 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL has now finalized the 2019 inflation adjustments which again nudges
Continue Reading OSHA Civil Penalties Going Up Again – Adopts 2019 Maximums
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement
By Frederick T. Smith and Adam R. Young
Seyfarth Synopsis: On January 10, 2019 Seyfarth Shaw LLP’s Labor & Employment and Workplace Safety and Health Teams will present a webinar on OSHA’s New Standard Interpretation clarifying the requirements on workplace drug testing.
In 2016, federal OSHA called into question many common workplace drug testing policies that contained post-accident testing
Continue Reading Webinar on Workplace Drug Testing: OSHA’s New Standard Interpretation that Clarifies the Requirements
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’ [(WOTUS)] that clarifies federal authority under the Clean Water Act.”
Concerning the new draft proposed rule
Continue Reading EPA and Corps of Engineers Propose New “Waters of the United States” Definition
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency’s interpretation of its own ambiguous regulation, taking up a challenge to the so-called “Auer” or “Seminole Rock” deference. The Auer deference
Continue Reading Supreme Court To Reconsider ‘Auer’ Deference
By Brent I. Clark, Mark A. Lies, II, Adam R. Young, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or excavation work and report
Continue Reading Can You Dig It? OSHA Releases Onerous New National Emphasis Program on Trenching and Excavation
By Jeryl L. Olson, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: New Illinois Office of State Fire Marshall (“OSFM”) regulations, (42 Ill. Reg. 10476, 10662-667, June 15, 2018, effective October 13, 2018), require that periodic operation and maintenance include recorded “walkthrough inspections” for underground storage tank (UST) facilities.
Under new OSFM rules,
Continue Reading Periodic Operation and Maintenance Walkthrough Inspections Required for Illinois UST Facility Owners and Operators
By Adam R. Young and Craig B. Simonsen
Seyfarth Synopsis: New state and federal laws and rules require employers to have compliant phones systems for 911 direct dialing and E-911.
Most large employers maintain multiline phone systems at their workplaces. Along with emergency action plans and evacuation procedures, employers must take affirmative steps to ensure that employee phones provide
Continue Reading Workplace 911: Employer Telephone Systems May Need to be Revamped to Meet New and Pending Rules