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Ilana R. Morady

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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

On May 13, 2025, Cal/OSHA released a new discussion draft of its proposed regulation on Workplace Violence Prevention in General Industry. This latest version updates the July 15, 2024 draft we previously blogged about, and reflects stakeholder input gathered through the advisory committee process.

Key Proposed Revisions

Confronting Suspected Criminals

One of the most significant changes is the removal…

Continue Reading Update: Cal/OSHA Releases Revised Draft Workplace Violence Prevention Regulation, Strikes Prohibition on Confronting Shoplifters

Seyfarth Synopsis: On May 7, 2025, Cal/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom at the conclusion of the 2021-22 legislative session. These proposed changes alter how employers must respond to heat hazards, and introduce new…

Continue Reading Sweating the Details: Cal/OSHA Proposes Changes to Heat Regulations

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