By Adam R. Young, Melissa A. Ortega, A. Scott Hecker, James L. Curtis, Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer
Continue Reading CDC Eases COVID-19 Guidelines
By Adam R. Young, Mark A. Lies, II, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: Safety and health management systems (SHMSs) may demonstrate a commitment to improving safety and health outcomes, and reduce legal liabilities.
The federal OSHA standards mandate a series of written safety and health programs, depending on the hazards at the worksite,
Continue Reading OSHA Recommends a Safety and Health Management System — Does Your Business Need One?
By A. Scott Hecker, Adam R. Young, Mark A. Lies, James L. Curtis, Patrick 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. Young, Patrick 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. Clark, Adam R. Young, A. Scott Hecker, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: We 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. Young, Mark A. Lies, Brent I. Clark, James L. Curtis, Patrick 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. Young, Patrick Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On 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