By Hoorya Ahmad and Patrick Joyce

Seyfarth Synopsis: Washington State’s COVID-19 emergency declaration expires October 31, 2022 but the Health Emergency Labor Standards Act (HELSA) administered by the Washington State Department of Labor & Industries (L&I), and codified at WAC 296-62-602 to -609, will remain in place for the time being.

HELSA is triggered by

Continue Reading Washington’s COVID-19 Emergency Declaration Expires October 31, 2022 — Employers Must Continue to Follow HELSA Notice & Reporting Requirements

By Brent I. Clark, James L. CurtisBenjamin D. BriggsAdam R. Young, Patrick D. JoyceIlana R. Morady, Daniel R. Birnbaum, Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard
Continue Reading OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review

By Brent I. ClarkMark A. Lies, IIAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: With Hurricane Laura drenching the Gulf Coast, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and re-building.  

Introduction

Authorities are closely monitoring the ongoing hurricane season as Hurricane Laura menaces the southeast coast of
Continue Reading The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

By James L. Curtis, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to health care employees.  Health care employers need to ensure
Continue Reading Health Care Employers Face Workplace Safety Challenges from Virulent New Multidrug-Resistant Fungus

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

By Mark A. Lies, IIBenjamin D. BriggsAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding. Employers should have an Emergency Action Plan, and if they have
Continue Reading The Rain is Coming: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen

bottleSeyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.

The U.S. Court of Appeals for the District of Columbia Circuit recently ruled against OSHA on
Continue Reading DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

By Andrew H. Perellis and Craig B. Simonsen

Power Lines and Pulp Mill PollutionThe U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information and to better manage its compliance process. Report to Congress, GAO-15-614 (July 2015).

Risk Level for Facilities

The Report states
Continue Reading DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement

By Jeryl L. Olson, Meagan Newman and Craig B. Simonsen

112rEnforcementThe U.S. Environmental Protection Agency has just released an Enforcement Alert on accidental releases of chemicals, including anhydrous ammonia at refrigeration facilities, under the Clean Air Act’s (CAA) Chemical Accident Prevention Program.

This Enforcement Alert comes in seeming coordination with the EPA’s recent news release about several anhydrous
Continue Reading EPA Enforcement Alert that Refrigeration Facilities are Under Scrutiny

By Brent I. Clark, Kerry M. Mohan, and Craig B. Simonsen

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a Safety Advisory, 79 Fed. Reg. 64646 (October 30, 2014), to provide guidance on the U.S. Department of Transportation’s Hazardous Materials Regulations (HMR), 49 CFR, parts 171–180, for persons who prepare, offer, and transport materials contaminated
Continue Reading Safety Advisory on Handling and Transporting Materials Suspected of Being Contaminated with Ebola