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 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 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