By Jeryl L. Olson, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: In a guidance document issued last week, U.S. EPA sets out to deliberately move environmental enforcement responsibilities back to the states. While this may, to local interests, represent a noble purpose, few states are manned and ready to take on additional responsibilities.
In yet
Continue Reading U.S. EPA Moves Program Responsibilities Back to Resource-Starved States
By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on injury recordkeeping violations to six months.
Prior to 2012, OSHA’s longstanding position
Continue Reading OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter allowing workers in non-union workplaces to designate a union representative to act as
Continue Reading OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II, and Craig B. Simonsen
Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or illness which continues for
Continue Reading Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records
By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter
Continue Reading Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation
By Mark A. Lies, II, Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.
The Occupational Safety and Health Administration announced last week a new final rule that “clarifies an
Continue Reading OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And Illnesses
By Benjamin D. Briggs, Brent I. Clark, Joshua M. Henderson, and Craig B. Simonsen
Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California employers.
In August 2015 Cal/OSHA published a Notice of Proposed Rulemaking regarding Repeat
Continue Reading Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites.
We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow workers without a collective bargaining agreement to designate a union representative to act on their behalf as their “walk-around representative”
Continue Reading OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection.
A District Court Magistrate Judge recently recommended that the Court quash a warrant “improvidently granted” to OSHA to expand an accident investigation into a broader
Continue Reading Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”
By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors.
We have previously written
Continue Reading New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental Laws as Well as the Potential for Blacklisting