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By Annette Tyman, Lawrence Z. Lorber, Jaclyn W. Hamlin, and Brent I. Clark

BLACKLISTEDSeyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of the Executive Order and its implementing regulations. In a …
Continue Reading OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Order

By James L. Curtis and Craig B. Simonsen

Warehouseman after accident at heightSeyfarth Synopsis: OSHA just updated its annual list of the top ten cited standards. The list provides a starting point for employers reviewing their own safety programs.

OSHA just announced the Agency’s annual listing of the “Top Ten Most Frequently Cited Standards.” OSHA’s release noted that, “one remarkable thing about the…
Continue Reading OSHA Updates and Publishes “Top Ten” Most Frequently Cited Standards

By Brent I. Clark and Ilana R. Morady

iStock_000076487827_LargeExpedited Hearings

A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited proceedings rule, cases are put on a fast track when abatement has been appealed or abatement has not…
Continue Reading Update from the ABA OSHA Conference — Cal-OSHA Developments

By James L. Curtis and Patrick D. Joyce

iStock_000065158991_Full.jpgAs we mentioned in our previous blog, the bipartisan budget signed by President Obama on November 2, 2015 contains provisions that will allow OSHA to raise maximum penalties for the first time in 25 years.

The maximum initial “catch up adjustment” will be based on the difference between the October 2015…
Continue Reading UPDATE – New OSHA Maximum Penalty Amounts Become More Clear – October, 2015 CPI Released

By James L. Curtis and Patrick D. Joyce

iStock_000065158991_Full.jpgEmployers beware! The new bipartisan budget, passed by both the House and the Senate and signed by President Obama on November 2, 2015, contains provisions that will raise OSHA penalties for the first time in 25 years.

The budget allows for an initial penalty “catch up adjustment,” which must be in…
Continue Reading New Budget Deal to Significantly Increase OSHA Fines for the First Time in Twenty-Five Years

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

iStock_000060649768MediumOSHA has just announced a compliance Directive on “Inspection Procedures for the Hazard Communication Standard,” CPL 02-02-079 (July 9, 2015).

We had previously blogged that June 1, 2015 was the deadline for compliance with the all new hazardous communication (HazCom) standard (29 CFR section 1910.1200) (HCS 2012)…
Continue Reading OSHA Directive on Inspection Procedures for the Hazard Communication Standard

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has recently released its FY 2013 Comprehensive Federal Annual Monitoring Evaluation (FAME) Reports.

The FAME Reports include OSHA’s evaluation of the twenty seven approved State Plans each fiscal year. According to federal OSHA’s Reports, penalties proposed by state workplace safety and health regulators continue to…
Continue Reading OSHA Annual Review of State OSHA Programs

By Brent I. Clark, Kerry M. Mohan, and Craig B. Simonsen

As part President Barack Obama’s “Year of Action,” on July 31st he signed an Executive Order (EO) on “Fair Pay and Safe Workplaces” that requires prospective federal contractors to disclose labor law violations, and will provide “federal agencies guidance on how to consider labor violations when…
Continue Reading Got an OSHA Citation? Watch Out! – Obama Legislates “Fair Pay and Safe Workplaces” With Executive Order

By Brent I. Clark and Meagan N. Newman

The recent shutdown of the Federal Government has impacted Federal OSHA.  We have been advised that most OSHA area offices are being manned by a small crew who are limited to working on emergency type issues such as fatalities and claims of imminent danger.  All other routine OSHA activities, such as inspections,…
Continue Reading How Does the Governmental Shutdown Impact OSHA Enforcement and Contested Cases?

By James L. Curtis and Craig B. Simonsen

OSHA has just released a new Instruction for its Field Operations Manual that describes policies and procedures for implementing a National Emphasis Program to identify and reduce or eliminate the incidence of adverse health effects associated with occupational exposure to isocyanates.

The Instruction, National Emphasis Program – Occupational Exposure to Isocyanates…

Continue Reading OSHA Issues National Emphasis Program on Occupational Exposure to Isocyanates