By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule.
A Texas federal court won’t decide the
Continue Reading Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting Deadline
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II, and Craig B. Simonsen
Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or illness which continues for
Continue Reading Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records
By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter
Continue Reading Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation
By Benjamin D. Briggs, Brent I. Clark, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment rights and oversteps OSHA’s authority.
The National Association
Continue Reading OSHA’s New Electronic Reporting and Anti-Retaliation Rule Challenged By Industry Groups in Oklahoma
By Mark A. Lies, II, Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.
The Occupational Safety and Health Administration announced last week a new final rule that “clarifies an
Continue Reading OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And Illnesses
By Benjamin D. Briggs, Brent I. Clark, James L. Curtis, Mark A. Lies, II, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers to post OSHA logs
Continue Reading Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting
By Brent I. Clark, Mark A. Lies, II, Patrick D. Joyce, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule.
We previously blogged that OSHA had again delayed, to December 1, 2016, enforcement of the anti-retaliation provisions
Continue Reading Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule
By Mark A. Lies, II, Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date.
OSHA announced today that it has again delayed the effective date for enforcement of the anti-retaliation provisions
Continue Reading OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection.
A District Court Magistrate Judge recently recommended that the Court quash a warrant “improvidently granted” to OSHA to expand an accident investigation into a broader
Continue Reading Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: OSHA asserts that its new injury illness reporting rule is fully within OSHA’s mandate.
This is in follow-up to our earlier blog on OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses (Rule), 81 Fed. Reg. 29624 (May 12, 2016). The new rule concerned drug-testing, retaliation claims, and
Continue Reading OSHA Responds to Manufacturers’ Lawsuit on New Workplace Injury and Illness Reporting Rule