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The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners have observed state plans making significant efforts to develop and implement workplace violence prevention plans. For example, California’s prevention plan requirements for general industry went into effect

Continue Reading Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in government.

We are attending the ABA Occupational Safety and Health Law Meeting this week in Rancho Mirage, California. On Thursday, March 6, the conference focused on

Continue Reading Report From Day 2 of The 2025 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in government.

Tuesday, March 4

We are attending the ABA Occupational Safety and Health Law Meeting this week in Rancho Mirage, California. On Tuesday, March 4, the

Continue Reading Report From Day 1 of The 2025 ABA OSHA/MSHA Law Conference

Seyfarth Synopsis: As of February 3, 2025, California’s COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the Injury Illness Prevention Program standard, making it prudent for employers to consider infectious disease prevention in their IIPP.

Since 2020, California employers have had to comply

Continue Reading  That’s It, Folks! Cal/OSHA’s COVID Rule Has (Mostly) Expired

Seyfarth Synopsis: Ongoing wildfires in Southern California trigger Cal/OSHA regulations that require employers to train and protect employees from wildfire smoke. The regulation applies to most outdoor workplaces, requiring employers to provide N95 respirators at certain AQI trigger levels, effective communication, and training on wildfire smoke hazards.

Devastating and fast-moving wildfires have destroyed thousands of homes and businesses in

Continue Reading As Wildfires Rage in Los Angeles, Employers Must Comply with Cal/OSHA’s Wildfire Smoke Rules

By Andrew H. Perellis and Ilana R. Morady

On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA).

The issue before the Court was whether two landowners could bring a

Continue Reading Sackett v. EPA: Supreme Court Decides Unanimously In Favor Of Landowners

By Ilana R. Morady and Craig B. Simonsen

In a recent District Court decision in a toxic torts case, De Zayas v. Bellsouth Telecommunications, Inc., ___ F.Supp.2d ___, 2012 WL 161330 (S.D.Fla., January 18, 2012), the Court, finding no causal connection between the Defendant and the damage claim, granted the Defendant’s motion for summary judgment.

This case involved a

Continue Reading District Court Requires a Causal Link Between the Source and the Increased Levels of Toxicant

By Ilana R. Morady and Eric E. Boyd

The Federal Trade Commission (FTC) recently announced that it has extended the deadline for the public to submit comments on its new Appliance Labeling Rule.  The new regulations, which apply to residential furnaces, central air conditioners, and heat pumps, are mandated by the Energy Policy and Conservation Act (Act).  The Act

Continue Reading FTC Extends Deadline for Comments on Appliance Labeling Rule and Textile Rules

By Andrew H. Perellis and Ilana R. Morady

On Monday, January 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the Justices seemed skeptical of EPA’s contention that its administrative compliance orders issued under the Clean Water Act were not subject

Continue Reading Sackett v. EPA: Supreme Court Justices Question Validity of EPA’s Principal Enforcement Tool

By Ilana Morady

A class action lawsuit filed this month in the Central District of California claims that Frito-Lay has engaged in misleading advertising, unfair competition, and breach of express warranty by marketing Tostitos and SunChips as made with “all natural” ingredients. The heart of the lawsuit centers on the claim that the popular snack foods are not made of

Continue Reading Is Food Containing Bioengineered Ingredients “Natural”?