By A. Scott Hecker, Adam R. YoungMark A. LiesJames L. CurtisPatrick D. Joyce,  and Craig B. Simonsen

Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word “uncontrolled” is unambiguous and not
Continue Reading What a Whopper – Court Finds An “Uncontrolled” HAZWOPER Release Doesn’t Mean “Any Release, No Matter How Small”

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

Seyfarth Synopsis: On June 28, 2022, OSHA announced publication of an Advance Notice of Proposed Rulemaking (“ANPRM”) regarding potential revisions to the Agency’s lead standards, lowering permissible blood lead levels.

OSHA’s ANPRM concerning the point at which Blood Lead
Continue Reading Lower Blood Lead Levels on OSHA’s To-Do List

By Brent I. ClarkAdam R. Young, A. Scott Hecker, Ilana R. Morady, and Craig B. Simonsen

Seyfarth SynopsisWe recently blogged that Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States. Now the federal Mine Safety and Health Administration (MSHA) has launched an enforcement initiative
Continue Reading MSHA Launches Enforcement Initiative To Protect Miners From Overexposure To Respirable Crystalline Silica

By Adam R. YoungMark A. LiesBrent I. Clark, James L. CurtisPatrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.

The Multi-Employer Worksite Doctrine allows the Occupational Safety
Continue Reading “Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

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

Seyfarth SynopsisOn May 25, 2022, Douglas Parker, Assistant Secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration, testified before the U.S. House Committee on Education and Labor’s Workforce Protections Subcommittee regarding his vision for the
Continue Reading The Slow and the Furious: OSHA’s Rulemakings Continue at Various Stages with Infectious Diseases a Priority

By Adam R. Young, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past. 

In March 2022 at the ABA OSHA conference, OSHA enforcement leadership publicly declared the “COVID-19
Continue Reading COVID-19 “Endemic” is Not Over: OSHA is Opening New COVID-19 Programmed Inspections

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

Seyfarth Synopsis: A manufacturer was issued a “willful citation” for failure to correct a machine guarding deficiency identified in a previous audit.

After the amputation, OSHA conducted an injury investigation into the Pennsylvania company’s industrial facility. OSHA uncovered that the Company had previously identified
Continue Reading Conduct Guarding Analyses Under Attorney-Client Privilege! OSHA Issues Willful Violation after Uncorrected Alleged Guarding Issue Results in Amputation

By David Malter, CIH, CSP, CPEA, ROH (Guest Author), Adam R. Young, Mark A. Lies, and Craig B. Simonsen

Seyfarth Synopsis: In a new journal article from the Centers for Disease Control and Prevention’s (CDC), National Institute for Occupational Safety and Health (NIOSH), and the Bacterial Special Pathogens Branch, researchers have identified specific cases of  a deadly
Continue Reading Welder’s Anthrax: Newly Identified Health Hazard Among Employees Exposed to Welding Fumes

By: Adam R. Young, Patrick D. JoyceJames L. CurtisMark A. Lies, II, and Craig B. Simonsen

Seyfarth Synopsis: The federal Occupational Safety and Health Administration has launched a National Emphasis Program to protect “millions of workers from heat illness and injuries. Through the program, OSHA will conduct heat-related workplace inspections before workers suffer
Continue Reading Vice President Harris Announces New OSHA Emphasis Program for Heat Illness

By Brent I. Clark, James L. CurtisAdam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: As we previously blogged, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking to expand requirements for employers to submit OSHA forms via its Injury Tracking Application
Continue Reading OSHA Aims to Boost Injury Reporting Rule Compliance with its Injury Tracking Application Enforcement Program