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 Helen M. McFarland and Amanda J. Hailey

Seyfarth Synopsis: The Department of Labor and Industries (L&I) issued its first citation against an employer for violating Washington’s Safe Start Order.

As set forth in our May 28, 2020 blog postProhibited Business Activities and Conditions for Operations,” the State of Washington is enforcing its Emergency COVID-19 Safety
Continue Reading First Employer Cited For Violating Washington’s Safe Start Order

By James L. Curtis, Ilana R. MoradyAdam R. Young, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: Occupational Safety and Health Administration (OSHA) has issued Guidance to assist employers reopening non-essential businesses ensure the safety of their employees and the public during the evolving coronavirus pandemic.

The new Guidance on Returning to Work
Continue Reading OSHA Issues New Guidance As Non-Essential Businesses Reopen and Employees Return to Work

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

Seyfarth Synopsis: OSHA issued its first COVID-19 citation to a Georgia nursing home. The citation alleges a failure to report within 24-hours a work-related incident resulting in hospital admissions.

As discussed in our prior blog, OSHA has issued new enforcement procedures for COVID-19 cases
Continue Reading OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations

By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  Federal OSHA has put grain handling safety right up-front on its main homepage.  OSHA wants you to “learn how to stay safe during grain handling operations.”

Concerning the Agency’s Grain Handling Facilities Standard, 29 C.F.R. § 1910.272, the Agency explained that “grain
Continue Reading OSHA.gov Highlights Grain Handling Facility Safety on Main Website

By Benjamin D. BriggsBrent I. Clark, Adam R. YoungMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020.  Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of Combustible Dust.

According to
Continue Reading Updated Combustible Dust NFPA Industry Consensus Standard Gives OSHA New Tool to Cite Employers: Does Your Facility Comply?

By Mark A. Lies, IIJames L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment.  Following a bench trial before the District Court, the Defendant contractor DNRB, Inc. was convicted of a Class B misdemeanor for
Continue Reading History Comes Back to Bite Employer — Criminal Conviction and $500,000 Fine Upheld in Eighth Circuit for Violating Fall Protection Regulations

By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual workplace fatalities.  The statistics show an ongoing struggle for employers with
Continue Reading Transportation and Workplace Violence Stand Out in Census of 2016 Fatal Occupational Injuries

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

iStock_000009254156LargeSeyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on injury recordkeeping violations to six months.

Prior to 2012, OSHA’s longstanding position
Continue Reading OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

By Brent I. ClarkJames L. Curtis, Benjamin D. Briggs, Mark A. Lies, II, and Craig B. Simonsen

Construction Inspector 4Seyfarth 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