By Brent I. Clark, Adam 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
Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the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. 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 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, Joshua M. Henderson, and Craig B. Simonsen
Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California employers.
In August 2015 Cal/OSHA published a Notice of Proposed Rulemaking regarding Repeat
Continue Reading Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program
Seyfarth Partner James L. Curtis was one of sixteen “top legal experts” interviewed to provide a “list of critical information you should be aware of in the event you receive an OSHA citation.” See “16 Legal Tips: Handling OSHA Citations the Right Way” (Intelivert, 2016).
The article notes that the experts weighed in with “simple, actionable tips that
Continue Reading 16 Legal Tips: Handling OSHA Citations the Right Way
By Ilana R. Morady and Craig B. Simonsen
OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29, 2015).
We had blogged previously about the D.C. Circuit Court of Appeals opinion in AKM
Continue Reading OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old
By James L. Curtis and Craig B. Simonsen
OSHA recently announced its Campaign to Prevent Heat Illness in Outdoor Workers to remind employers and employees of the hazards of heat illness.
As OSHA states “thousands of employees become sick each year and many die from working in the heat. In 2012, there were 31 heat-related worker deaths and 4,120 heat-related
Continue Reading “Water. Rest. Shade.” OSHA Campaign to Prevent Heat Illness in Outdoor Workers
By James L. Curtis and Craig B. Simonsen
In this machine guarding case, the Eighth Circuit Court of Appeals ruled that OSHA’s Machine Guard Standard protects from debris or waste material, and from the actual piece being worked on. Perez v. Loren Cook Company, No. 12-1310, (8th Cir. May 9, 2014).
The Eight Circuit reversed and remanded the machine
Continue Reading Does OSHA’s Machine Guard Standard Protect From “Debris or Waste Material” – Or From the Actual Piece Being Worked On?
By Brent I. Clark, Meagan Newman, and Anne D. Harris
The Occupational Safety and Health Administration (OSHA) recently issued substantial citations for various safety violations to a vocational rehabilitation and counseling center for young adults in Florida.
Teen Challenge of Florida Inc., a nonprofit organization that offers assistance to at-risk young adults received twenty-five safety and health violations totaling
Continue Reading Students Are Now Employees? OSHA Issues Citations To Vocational Rehabilitation Center For Alleged Safety Violations