By Brent I. ClarkJames L. CurtisBenjamin D. BriggsMark A. Lies, IIAdam R. YoungA. Scott HeckerIlana MoradyPatrick D. JoyceDaniel R. BirnbaumMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: On July 27, 2021, the CDC revised its mask guidance in response to
Continue Reading Time to Mask Up Again? CDC Revises Mask Guidance for Vaccinated Individuals

By Adam R. Young, Mark A. Lies, II, Daniel R. Birnbaum and Craig B. Simonsen

Seyfarth Synopsis: By ignoring the terms of a settlement agreement it had with the Occupational Safety and Health Administration (“OSHA”), a New Jersey roofing contractor now faces more than $600,000 in penalties after numerous citations for allegedly failing to abate 2020 OSHA
Continue Reading Cardinal Sin – Construction Contractor’s Alleged Failure to Abate OSHA Citations Results in Big Penalties

By Brent I. Clark, Mark A. Lies, II, Benjamin D. BriggsJames L. CurtisA. Scott HeckerPatrick D. Joyce, and Adam R. Young

Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement,
Continue Reading What to Expect from OSHA in a Biden Administration

By James L. CurtisMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: The 15-day statutory deadline to contest federal OSHA citations has been the subject of recent litigation in the 5th and 11th Circuits and before the Occupational Safety and Health Review Commission. In those cases, after having their contests to the citations dismissed for failure
Continue Reading Don’t Be Late — Missed Deadlines and Late Appeals of OSHA Citations During the Pandemic

By James L. Curtis and Craig B. Simonsen

Seyfarth Synopsis: The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) had brought suit in the D.C. Circuit Court of Appeals against the U.S. Occupational Safety and Health Administration, through an Emergency Petition For A Writ Of Mandamus, and Request For Expedited Briefing And Disposition, No.
Continue Reading DC Circuit Court Denies Union’s Suit Against OSHA to Force Emergency Temporary Worker Safety Standard

By James L. Curtis, Brent I. ClarkMark A. Lies, IIAdam R. Young, Matthew A. Sloan, and Craig B. Simonsen

Image from CDC.

Seyfarth Synopsis: In Rural Community Worker’s Alliance et al v. Smithfield Foods, Inc. et al., No. 5:20-cv-6063 (W.D. Mo. May 5, 2020), Western District of
Continue Reading Judge Dismisses Lawsuit Seeking to Enjoin Employer to Implement Additional Safety Measures

By James L. CurtisAdam R. Young, Matthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws.  Employees who refuse to perform job functions may also be protected.

News media reports during the COVID-19 pandemic highlight
Continue Reading Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic

By Mark A. Lies, IIScott M. Nelson, and Adam R. Young

Seyfarth SynopsisSince it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations.  The Multi-Employer Worksite Doctrine has allowed OSHA to extend liability to general contractors, host employers, staffing agencies, and anyone
Continue Reading Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

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

Seyfarth Synopsis: According to several states that have sued the Occupational Safety and Health Administration in Federal Court, the Agency did not provide sufficient justification to rollback the electronic reporting rule for large employers.  Complaint, State of New Jersey, et al., v. Acosta, No.
Continue Reading Six States Sue – Alleging that Trump Administration Electronic Reporting Rule is Unlawful

By Brent I. ClarkBenjamin D. BriggsMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis:  A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through.  The contractor later testifies in a deposition that he did not ask them to work on the roof. 
Continue Reading What Not to Do: Construction Contractor Charged With Lying to OSHA