By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical removal protections.
In a decision this morning, the U.S. Court of Appeals for the
Continue Reading Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry.
OSHA recently released small entity compliance guides for both construction and general industry. See Small Entity Compliance Guide for the Respirable Crystalline Silica Standard in Construction
Continue Reading OSHA Publishes “Small Entity Compliance” Guides for the Crystalline Silica Standards
By Ilana R. Morady and Andrew H. Perellis
Seyfarth Synopsis: The Cleaning Product Right to Know Act makes California the first state to require ingredient labeling both on product labels and online for consumer cleaning products.
On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of
Continue Reading California Passes the Cleaning Product Right to Know Act
By Patrick D. Joyce and Craig B. Simonsen
Seyfarth Synopsis: OSHA announced a thirty day phase-in for enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. The new rule will be fully effective by Monday, October 23, 2017.
OSHA’s new crystalline silica rule is wide-reaching and, for that reason, the rulemaking has been contentious. We have
Continue Reading OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction
By Mark A. Lies, II, Adam R. Young, James L. Curtis, and Benjamin D. Briggs
Seyfarth Synopsis: It is imperative that employers develop and implement organized and clearly communicated procedures for responding to a disaster. A well-planned and executed emergency response program will provide orderly procedures and prevent panic, thereby minimizing employee injuries and damage to
Continue Reading After the Rain: Disaster Recovery and Employee Safety Following Hurricane Harvey
Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems. Failure to do so will result in a civil penalty or civil lawsuit.
Entrepreneurial Plaintiff’s attorneys have now set their sites on marijuana businesses. Since January 1, 2017, Plaintiff’s firms
Continue Reading Beware: Marijuana Businesses Targeted With Product Labeling Violation Letters
By Brent I. Clark and Craig B. Simonsen
Seyfarth Synopsis: New OSHA guidance documents may provide employers in these industries with another tool for carefully measuring compliance with the PSM standards.
OSHA recently released guidance documents on Process Safety Management for Explosives and Pyrotechnics Manufacturing (PSM Explosive Pyrotechnics Guidance) (OSHA 3912-03 2017), and the Process Safety Management for Storage
Continue Reading OSHA Releases PSM Guidance for Explosives and Pyrotechnics Manufacturing and for Storage Facilities
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The CSB found deficiencies in the facility’s design and labeling of the chemical loading stations, and failure to follow the company’s written chemical unloading procedures.
The U.S. Chemical Safety Board recently released
Continue Reading Processing Plant Crosses Its Wires — Safety Board Finds Company “Did Not Follow Procedures”
By Brent I. Clark and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just announced a three month delay of enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153.
Crystalline silica is a staple of our modern society. OSHA notes that it’s a common mineral that is found in many naturally occurring materials, and used in many
Continue Reading OSHA Delays Enforcement of Crystalline Silica Standard for Construction
By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
Seyfarth Synopsis: In a significant proposal, EPA moves to ban the use of TCE in aerosol degreasing and spot cleaning at dry cleaning facilities, as part of a larger effort to ban TCE in other industrial uses.
The U.S. Environmental Protection Agency is proposing to ban
Continue Reading EPA Proposes Ban on Certain Uses of Trichloroethylene (TCE)