By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen

Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana. 

Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial

Continue Reading High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

By A. Scott HeckerAdam R. YoungPatrick D. JoyceMark A. LiesJames L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has just announced a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction

Continue Reading OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls

By A. Scott HeckerAdam R. YoungPatrick D. Joyce, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National

Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”

By Adam R. YoungDaniel R. Birnbaum, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: Highlighting the current administration’s focus on using press releases to assure workplace health and safety regulations are being followed, OSHA announced that a major retailer who has allegedly continued to expose workers to blocked exit routes is being cited for

Continue Reading Are Your Exits Clear? Major Retailer Faces Over $15 Million in OSHA Fines as OSHA Enforcement Wave on Exit Access Continues

By A. Scott HeckerAdam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is promoting grain safety and compliance with the Grain Handling Facilities Standard on it’s website and links to additional information about Stand Up for Grain Safety Week, which takes place March 27-31, 2023.

Each year, dozens of

Continue Reading OSHA Highlights Grain Handling Facility Safety: March 27-31

By Adam R. YoungPatrick D. JoyceJames L. CurtisDaniel R. Birnbaum, Melissa A. Ortega and Craig B. Simonsen

Seyfarth Synopsis: The Biden Administration is seeking a 17% funding increase for OSHA under the Department of Labor’s fiscal year 2024 budget request.

The FY 2024 budget request for OSHA is approximately $738.7 million, an

Continue Reading Biden Administration Requests Big Budget Increase For OSHA

By Brent I. ClarkPatrick D. JoyceAdam R. YoungA. Scott HeckerDaniel R. Birnbaum, and Melissa A. Ortega

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of Labor, including

Continue Reading Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference

By Brent I. ClarkPatrick D. JoyceAdam R. YoungA. Scott HeckerDaniel R. Birnbaum, and Melissa A. Ortega

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of Labor, including

Continue Reading Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

By Brent I. ClarkPatrick D. JoyceAdam R. Young, A. Scott Hecker, Daniel R. Birnbaum, and Melissa A. Ortega

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of Labor, including

Continue Reading Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference

By Benjamin D. Briggs, A. Scott Hecker, Adam R. YoungDaniel R. BirnbaumPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose of

Continue Reading Who Let the Docs Out?  OSHA Intends to Expand Subpoena Practices