Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee’s Midwinter Meeting in San Juan with sessions that took a deep dive into the future of AI in safety, trial advocacy in OSHA litigation, necessary modernization of longstanding OSHA standards, and the ethical landscape surrounding inspections and citations. Here
Continue Reading ABA OSHA Midwinter Meeting – Day 3 Recap (February 27)By: Adam R. Young, Mark A. Lies, II, and Bret W.Vetter
1. Introduction
The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations in secret. Both types of recordings can constitute felony violations of state criminal laws
Continue Reading Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities
By Matthew A. Sloan, A. Scott Hecker, and Adam R. Young
Seyfarth Synopsis: On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA inspections.
Under Section 8(e) of the Occupational Safety and Health Act, employees and employers alike
Continue Reading Union Intrusion: New OSHA Rule Permits Non-Employee Union Representatives on OSHA Inspection WalkaroundsBy Jeryl L. Olson and Patrick D. Joyce
Seyfarth Synopsis: The U.S. Environmental Protection Agency Office of Inspector General (OIG) determined that USEPA has not been giving proper attention to voluntary disclosures, and recommended that the Agency update the way it screens and follows up on voluntary disclosures.
In a report dated June 30, 2022 (Report No. 22-E-0051)
Continue Reading Agency Watchdog: USEPA Should Focus More Attention on Voluntary Disclosures
By Jeryl L. Olson, Rebecca A. Davis, Ilana R. Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The ASTM Standard
Continue Reading Updated ASTM Standard for Phase I Environmental Site Assessments Just Released
By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
A Phase I Environmental Site Assessment is a report, following ASTM Standards, that identifies recognized
Continue Reading Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
Seyfarth Synopsis: On June 1, 2020, the Criminal Division of the US Department of Justice (DOJ) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. The document, entitled “Evaluation of Corporate Compliance Programs,” updates a prior version issued in April 2019, and seeks to better assist prosecutors in assessing
Continue Reading Department of Justice Issues Updated Guidance on Evaluation of Corporate Compliance Programs
By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA’s enforcement budget increase to drive increase in 2021 inspections.
The OSHA FY 2021 Congressional Budget Justification shows that in FY 2020 OSHA will receive an additional $12.7 million in funding that it will use to increase its Compliance Safety and Health Officer ranks
Continue Reading OSHA FY 2021 Congressional Budget Anticipates More Inspections to Come
By Mark A. Lies, II and Adam R. Young
Seyfarth Synopsis: OSHA facility visits and corresponding employee interviews can be a vexing scenario. OSHA employee interviews are a source of OSHA monetary citations. Unfortunately, most employers do not realize this potential source of liability and do not prepare their employees for the interviews. In their recent article on the
Continue Reading OSHA Employee Interviews-Leveling the Playing Field
By Jeryl L. Olson, Ilana R. Morady, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s Toxic Release Inventory (TRI) list of reportable chemicals under
Continue Reading NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI