By: Adam R. Young, Daniel R. Birnbaum, A. Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: Recent data continues to show material disparities in serious injury and fatality rates among employees of differing races or ethnicities, with African-Americans and Hispanics showing considerably higher rates.
The National Safety Council has published its Injury Facts® report tracking
Continue Reading Fatality Rates from Occupational Safety and Health Hazards Higher Among MinoritiesBy Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review
Continue Reading Report From the Final Day of the 2022 ABA OSHA/MSHA Midwinter Meeting
By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review
Continue Reading Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference
By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSHA Review
Continue Reading Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference
By A. Scott Hecker, Ilana R. Morady, and Brent I. Clark
Seyfarth Synopsis: On January 21, 2021, President Biden directed MSHA to consider whether COVID-19 emergency temporary standards (“ETS”) are necessary for coal and metal/non-metal mines, and if so, to issue them “as soon as practicable.” While MSHA has not announced an ETS, it recently published new guidance
Continue Reading Biden MSHA Issues “Protecting Miners Guidance” on Mitigating and Preventing the Spread of COVID-19 in Mines
By Patrick D. Joyce, Ilana R. Morady, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor Heat Rules, Issues under the Freedom of Information Act, OSHA’s
Continue Reading Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting
By Brent I. Clark, Patrick D. Joyce, Ilana Morady, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from the Director of the National Institute for Occupational Safety and Health on Coronavirus and Opioids,
Continue Reading Coronavirus and Technology in the Workplace – Day Two at the ABA Occupational Safety and Health Law Committee Midwinter Meeting
By Brent I. Clark, Patrick D. Joyce, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who discussed the recent Occupational Safety and Health Review
Continue Reading Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement
By Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: MSHA just announced a Request for Information (RFI) on safety improvement technologies for mobile equipment and for belt conveyors, both at surface mines. 83 Fed. Reg. 29716 (June 26, 2018).
In its RFI MSHA notes that “mining safety could be substantially improved by preventing
Continue Reading MSHA Issues RFI for Safety Improvement Technologies and Belt Conveyors